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 XI of this chapter, with the Planning Board. Such application shall be submitted at least 15 days prior to the meeting at which it is to be considered by the Planning Board. The subdivider shall bear the cost of mailing any agricultural data statement, where required.
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 XI of this chapter.
A.
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.
B.
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 enter into one of the following agreements with the Town:
The Planning Board shall by resolution grant final approval by the signature of the Planning Board Chairman on the plat, conditionally approve, with or without modifications (see § 240-51 below) or disapprove the application within 62 days of the public hearing. If the public hearing has been waived pursuant to § 240-48 above, 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. The subdivider shall be notified of the final action of the Planning Board. 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.
The application shall be certified by the Planning Board within five
days of conditional approval. A copy shall be filed with the Planning
Board, and a copy provided to the subdivider along with a statement
of the requirements that shall accompany the application which, when
completed, will authorize the signing of the conditionally approved
plat. Conditional approval of an application shall expire 180 days
after the date of the resolution granting conditional approval. The
Planning Board may extend the time within which a conditionally approved
plat may be submitted for signature if, in its opinion, such extension
is warranted by the circumstances, for additional periods of 90 days
each.[1]
B.
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.
A.
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 ensure
that 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, shall be granted concurrently
with conditional or final approval of the plat.
B.
In the event that the owner shall file only a section of such approved
plat in the office of the County Clerk, two copies of 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.
A.
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.
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 Planning Board Chairman may authorize
such modifications, provided that these modifications are within the
spirit and intent of the Planning Board's approval and do not
substantially alter the function of any such improvement required
by the Planning Board. Any such authorization issued under this section
shall be in writing and shall be reported to the Planning Board at
the next regular meeting.
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 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 costs of developing and maintaining
any such improvements.
