Within 62 days of the close of the public hearing, the Planning
Board shall approve, with or without modifications, or disapprove
the preliminary application and state its reasons for disapproval.
The time in which the Planning Board must take action may be extended
by mutual consent of the subdivider and the Planning Board. Within
five days of approval, the action of the Planning Board shall be noted
on three copies of the preliminary plat and reference made to any
modifications determined. One copy shall be returned to the subdivider
and the other two copies retained by the Planning Board.
Approval of a preliminary application shall not constitute approval
of the final application, but shall be a guide to the preparation
of the final plat. Before submission of the final plat or any portion
thereof for formal approval, the subdivider shall comply with this
chapter and all requirements set forth by the Planning Board in their
review of the preliminary plat.
All major subdivisions shall require final application approval by the Planning Board. If the final application is not submitted for approval within six months of preliminary application approval, the Planning Board may revoke the preliminary application approval. The subdivider shall file an application with appropriate fees for final application approval, accompanied by documentation as specified in Article IV of this chapter, with the Planning Board. Such application shall be submitted at least 10 days prior to the meeting at which it is to be considered by the Planning Board.
The Planning Board shall establish an official submission date for the major subdivision final application. Such date shall be the date that the Planning Board determines the application to be complete, including all information required in Article IV of this chapter.
A public hearing may be held by the Planning Board after a complete
application is filed and prior to rendering a decision. This hearing
shall be held within 62 days of the official submission date of the
application. The subdivider shall attend the hearing. 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 public hearing
may be waived by the Planning Board if the final application is in
substantial agreement with the preliminary application. If the final
application is not in substantial agreement with the approved preliminary
application, then the public hearing shall be conducted.
In order that the Town has the assurance that construction and
installation of public improvements will be guaranteed, the applicant
shall either:
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 § 195-30 below); or (3) disapprove the application, within 62 days of the close of the public hearing. If the public hearing has been waived, the Planning Board shall act within 62 days of the final application official submission date. 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, 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. Within 30 days of final action on any matter referred to the county Planning Board, the Planning Board shall file a report of the final action it has taken with the county Planning Board.
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.
Prior to granting conditional or final approval of a plat in
final form, the Planning Board may permit the plat to be divided into
two or more sections and may in its resolution granting conditional
or final approval state such requirements as it deems necessary to
insure the orderly development of the plat be completed before such
sections may be signed by the Planning Board Chairman. Conditional
or final approval of the sections of a final plat, subject to any
conditions imposed by the Planning Board, may be granted concurrently
with conditional or final approval of the entire plat. In the event
the owner shall file only a section of such approved plat in the office
of the County Clerk, the entire approved plat shall be filed within
30 days of the filing of such section with the Town Clerk. Such section
shall encompass at least 10% of the total number of lots contained
in the approved plat and the approval of the remaining sections of
the approved plat shall expire unless said sections are filed in the
office of the County Clerk within three years of the filing of the
first section with the County Clerk.
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 VII, Cluster Development, 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.
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 road, park, playground, recreation area, easement, public
utility, or any other improvement. The plat shall 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 costs of developing and maintaining any such improvements.
