A.Â
An owner or developer shall be required to submit
a rough sketch application to the Village Engineer on forms provided
by the Planning Board at least 14 days prior to a regular meeting.
The developer shall also submit with the application six copies of
the sketch plan with his application and appropriate filing fee.
B.Â
Within a reasonable time after submitting a rough sketch plan, the Planning Board shall determine whether the plan is a minor or major subdivision. If a major subdivision or planned unit development, the Planning Board shall determine the amounts required to be deposited by the developer pursuant to Chapter 143, Fees, which amount shall be paid by the developer or owner before further consideration shall be given to the project.
C.Â
If a minor
subdivision has been approved with up to four lots, and an applicant
files an application for a fifth lot or more lots to be subdivided
from the parent parcel within 10 years of the original approval, the
application for the fifth subdivided lot (and any additional lots)
shall be subject to the requirements for major subdivisions.
[Added 4-9-2020 by L.L. No. 3-2020]
A.Â
After classification by the Planning Board of the
rough sketch plan as a minor or major subdivision, the developer shall
apply to the Planning Board for approval of the preliminary plat on
forms provided by the Planning Board. Such application shall be submitted
to the Village Engineer not less than 14 days prior to a regular meeting
date and shall be accompanied by the required fee and by six copies
of the preliminary plat.
The time of submission of the preliminary plat
shall be considered to be the date of the regular monthly meeting
of the Planning Board at which time the Planning Board considers the
preliminary plat in final form, which preliminary plat in final form
shall have been submitted to the Village Engineer 14 days prior to
the regular monthly meeting at which it is received by the Planning
Board, complete and accompanied by the required fee, and all data
required by this Part 2 have been filed with the Village Engineer.
If the site borders a county or state road,
copies of the preliminary submission shall be forwarded to the Orange
County Department of Public Works and/or the Regional Office of the
New York State Department of Transportation in time for their comments
to be returned and read into the minutes of the public hearing. If
the site lies within 500 feet of a county or state road, drainage
easement, institution or park or within 500 feet of a municipal boundary,
a copy of the preliminary submission shall be forwarded to the Orange
County Department of Planning in time for their comments to be returned
and read into the minutes of the public hearing.
The Planning Board shall hold a public hearing
within 45 days after the Planning Board receives a preliminary plat
in final form. The hearing shall be advertised at least once in the
official Village newspaper at least five days prior to the hearing
and shall be posted and mailed to the owners of property abutting
the proposed subdivision and to any other persons whom the Planning
Board determines shall have a particular interest in the project.
A.Â
The Planning Board shall take action within 45 days
after the hearing required on such plats to approve, with or without
modifications, or disapprove the preliminary plat. This time may be
extended upon mutual consent of the subdivider and the Planning Board.
When approving a preliminary plat the Planning Board must state, in
writing, the modifications, if any, it deems necessary for submission
of the plat in final form. The action of the Planning Board, plus
any conditions attached thereto, shall be noted in the Board's minutes.
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 this Part 2 and the conditions of the approval of the preliminary
plat, if any.
B.Â
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. In the event that the Planning Board
fails to act on a preliminary subdivision plat within the time noted,
the plat shall be deemed granted preliminary approval, and the certificate
of the Village Clerk as to the date of submission and the failure
of the Planning Board to act on the plat must be issued on demand.
C.Â
Approval with modifications. Where the Planning Board
imposes modifications on the preliminary plat, the preliminary plat
shall not be considered in final form until all of the modifications
have been completed to the satisfaction of the Planning Board.
D.Â
Expiration of approval. Planning Board approval of
a preliminary plat shall expire six months after the date of the stamping
of the map. No Planning Board action will be taken after such expiration
until a new application and filing fee are submitted. An extension
of a preliminary plat approval for a reasonable period of time may
be given in cases of hardship, upon petition to the Planning Board.
