Applications and fees shall be submitted to the Planning Board at least 10 days prior to the meeting at which it is to be considered. The application shall contain all items as required in Article IV of this chapter.
The application shall not be considered complete until (1) all information as required in Article IV of this chapter is provided, and (2) either a negative declaration has been filed, or a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of 6 NYCRR 617. Upon acceptance of a completed application, the Planning Board shall establish the official submission date of the application.
In order to expedite the review process, where the application shows lots which are not in compliance with Chapter 240, Zoning, the Planning Board may, at its discretion and upon agreement with the applicant, stay the review process and refer the application to the Zoning Board of Appeals for the consideration of an area variance review without the necessity of disapproving the application and requiring its resubmission.
Following the review of the application and supplementary material
submitted in conformance with this chapter, and following negotiations
with the subdivider on changes deemed advisable, the Planning Board
shall hold a public hearing. This hearing shall be held within 62
days of the official submission date of the application. The subdivider
shall attend the hearing. This hearing shall also fulfill the requirements
of the State Environmental Quality Review Act for the draft environmental
impact statement, where such hearing may be required. The hearing
shall be advertised at least once in a newspaper of general circulation
in the Town at least five days before the hearing. The hearing shall
be closed within 120 days after it has been opened.
The Planning Board shall by resolution (1) grant final approval by the signature of the Planning Board Chairman on the plat, (2) conditionally approve, with or without modifications (see § 195-19 below), or (3) disapprove the application. Such action shall be taken within 62 days of the close of the public hearing. The time in which the Planning Board must take action may be extended by mutual consent of the subdivider and the Planning Board. A certified copy of any resolution granting conditional or final approval shall be filed with the Board and with the Town Clerk, and mailed to the applicant within five business days of the action. If disapproved, the grounds for disapproval shall be stated in the record of the Planning Board, including reference to the provisions violated by the application.
A statement of the requirements that shall accompany the application
which, when completed, will authorize the signing of the conditionally
approved plat shall be provided to the applicant. Conditional approval
of an application shall expire 180 days after the date of the resolution
granting conditional approval. The Planning Board may extend the expiration
time, not to exceed two additional periods of 90 days each. Upon Planning
Board acceptance of the completion of the conditional approval requirements
as stated in the conditional approval resolution, the Planning Board
Chairman shall sign the plat, granting final approval.
The subdivider shall file the plat, or section thereof, in the office of the County Clerk within 62 days after the date of final approval; otherwise the plat shall be considered void and must again be submitted along with complete application and appropriate fees to the Planning Board for approval before filing in the office of the County Clerk. When filing a plat which has been approved pursuant to the provisions of Article VIII (regarding zoning modifications) of this chapter, a copy of the plat shall be filed with the Town Clerk who shall make appropriate notations and references thereto in Chapter 240, Zoning, or the Zoning Map.
If at any time it is demonstrated that unforeseen conditions
make it necessary to modify the location or design of improvements
required by the Planning Board, the Board may authorize such modifications,
provided these modifications are within the spirit and intent of the
Board's approval and do not substantially alter the function
of any such improvement required by the Board. Any such authorization
issued under this section shall be in writing and shall be entered
into the record of the Board.
