A.
The subdivider
shall submit a sketch plan to the Town Clerk, for referral to the
Planning Board. After review and classification by the Board, the
subdivider shall submit a preliminary plan to the Town Clerk, for
referral to the Secretary of the Planning Board. After such submission,
a public hearing shall be held on the plan by the Planning Board.
The purpose of the submission of these plans, and the public hearing,
shall be for the convenience of the subdivider, and for the purpose
of assisting the subdivider in meeting the requirements of these regulations
at a minimum expense and cost, with maximum practical convenience.
All final subdivision plans and applications, together with the required
supporting data, shall be submitted to the Town Clerk, for referral
to the Planning Board. The Planning Board, with the building official,
shall then determine the conformity of the final plan with these regulations,
and if the final plan is in substantial agreement with the approved
preliminary plan, and shall thereupon approve, modify and approve,
or disapprove such plan.
All plans, applications, and supporting data shall be submitted
to the Town Clerk, for referral to the Planning Board, who with the
building official, shall check their compliance with these regulations.
The Planning Board shall then take any action required under these
regulations. The official date of the submission shall in all cases
be recorded as the next regular scheduled meeting date of the Planning
Board, after receipt by the Town Clerk.
A.
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, file with the Town Clerk, who will forward same to the secretary 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 Article VI, § 210-25, for the purpose of classification and preliminary discussion.
B.
Discussion of requirements and classification.
(1)
The subdivider, or his duly authorized representative, shall attend
the meeting of the Planning Board to 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.
(2)
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 it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the sketch plan is classified as a minor subdivison, the subdivider shall then comply with the procedure lined in Article III, § 210-8, of this chapter. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ 210-9 and 210-10.
C.
Study of sketch plan. The Planning Board shall determine whether
the sketch plan meets the purpose of these regulations and shall,
where it deems it necessary, make specific recommendation in writing
to be incorporated by the applicant in the next submission to the
Planning Board.
A.
Applications and fee. 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 within six months 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 in Article VI, § 210-28. All applications for plat approval for minor subdivisions shall be accompanied by a fee as set from time to time by resolution of the Town Board, payable to the Town of Kendall, at the Town Clerk's Office.[1]
B.
Number of copies. Five copies of the subdivision plan shall be presented
to the Town Clerk, with the application and fee, to be forwarded to
the Secretary of the Planning Board, at least 10 days prior to the
scheduled meeting of the Planning Board.
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 considered to be the date of the regular monthly meeting of the Planning Board at least 10 days prior to which the application for plat approval, complete and accompanied by the required fee and all data required by Article VI, § 210-28, of this chapter, has been filed with the Town Clerk.
E.
Public hearing. A public hearing shall be held by the Planning Board
within 62 days from the time of the 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.[2]
B.
Six copies of the preliminary plat shall be submitted to the Town
Clerk, for referral to the Secretary of the Planning Board, by the
subdivider.
C.
A fee to defray the cost of subdivision review shall be paid (to
the order of the Town of Kendall) at filing of the preliminary plats
in an amount as set from time to time by resolution of the Town Board.[1]
D.
Upon the official submission of a preliminary plat for consideration
at a regular meeting, the Board shall give notice that a public hearing
will be held upon such plat. Public notice of the hearing shall be
advertised in a newspaper of general circulation in the Town, at least
five days before such hearing. The public hearing on the preliminary
plat must be held within 62 days after submission.[2]
E.
Within 62 days from the date of the hearing, the Planning Board may
either approve (with or without modifications) or disapprove the preliminary
plat. The time within which the Planning Board must act on the preliminary
plat may be extended by mutual consent of the owner and the Planning
Board.[3]
A.
Final plat with supporting data shall be submitted to the Town Clerk,
for referral to the Secretary of the Planning Board, for final approval
within six months after conditional approval of the preliminary plat;
provided, that an extension of time may be granted by the Board upon
written request. The final plat shall be accompanied by a fee per
lot, payable to the Town of Kendall, in such amount as shall be set
from time to time by resolution of the Town Board.[1]
B.
After six months, the plat submitted shall be considered as a new
preliminary plat.
C.
The final plat shall conform in all-important respects with the preliminary
plat as previously reviewed by the Board and shall incorporate all
modifications and revisions specified by the Board in its conditional
approval of the preliminary plat. Otherwise, the plat shall be considered
as a revised preliminary plat.
D.
The Board may permit submission of the final plat in sections, each
covering a portion of the entire proposed subdivision as shown on
the preliminary plat.
E.
Upon the official submission of a final plat for consideration at
a regular meeting, the Board shall give notice that a public hearing
will be held upon such plat. Public notice of the hearing shall be
advertised in a newspaper of general circulation in the Town at least
five days before such hearing. The public hearing on the final plat
must be held within 62 days after submission. This Public Hearing
may be waived, if the Planning Board deems the final plat to be in
"substantial agreement" with an approved preliminary plat.[2]
F.
Six copies of the final plat with supporting data shall be submitted
to the Board by the subdivider.
G.
Within 62 days of the Public Hearing, the Board shall notify the
subdivider, in writing, of its approval or disapproval. If the Public
Hearing is waived, the Planning Board's action must be taken
within 62 days of receipt of the final plat. If approval or refusal
to approve does not take place within this period, such plat shall
be deemed to have been approved. If approval is refused, the grounds
of refusal shall be stated in the Board's records with a copy
to the subdivider. The approval endorsement of the Planning Board
shall state that the plat is not in conflict with the County Official
Map, if one exists, and in cases where plats do not front on or have
access to, or are otherwise related to roads or drainage systems shown
on the County Map, that such plat has been approved as specified by
§ 239-f of the General Municipal Law.[3]
H.
The Planning Board, in acting on a final plat, may make a conditional
approval. This approval does not entitle the owner to immediately
file the plat with the County Clerk, but is instead an approval subject
to conditions set forth by the Planning Board. Upon satisfaction of
these, the plat must be signed by an official of the Planning Board
before it may be filed. The owner shall have 180 days to meet the
conditions, and the Planning Board may extend this time by not more
than two additional periods of 90 days each.[4]
I.
Within 62 days after final approval, the subdivider shall file for
recording a copy of the final plat, or sections thereof, bearing the
approval of the Board (signature of Board Chairman). If the final
plat is not recorded within such period, the Board's approval
shall expire and become null and void.[5]
J.
Within 10 days after final approval, the County Planning Board will
be notified in writing and supplied with three copies of the final
plan.
K.
The copy of the final plat filed for recording in the office of the
County Clerk shall be a clear and legible white print on linen, in
accordance with the requirements of said office.