[Amended 9-10-1990 by L.L. No. 2-1990]
Whenever any subdivision of land is proposed to be made and
before any contract for its sale or any portion thereof is made and
before any permit for the erection of a structure in such proposed
subdivision shall be granted, the subdivider or his duly authorized
agent shall apply, in writing, for approval of such proposed subdivision
in accordance with the following procedures.
A.
Submission of sketch plat. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Planning Board at least 10 days prior to the regular meeting of the Board two copies of a sketch plat of the proposed subdivision, which shall comply with the requirements of § 93-24 for the purposes of classification and preliminary discussion.
[Amended 9-10-1990 by L.L. No. 2-1990]
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 plat 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 minor subdivisions comply with all or some of the requirements specified for major subdivisions. If the sketch plat is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in §§ 93-6 and 93-9 of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in §§ 93-7, 93-8, 93-9 and 93-10.
[Amended 9-10-1990 by L.L. No. 2-1990]
C.
Study of sketch plat. The Planning Board shall determine whether
the sketch plat meets the purposes of these regulations and shall,
where it deems necessary, make specific recommendations, in writing,
to be incorporated by the applicant in the next submission to the
Planning Board.
[Amended 9-10-1990 by L.L. No. 2-1990]
A.
Application and fee.
[Amended 9-10-1990 by L.L. No. 2-1990]
(1)
Within six months after classification of the Sketch Plat as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a minor subdivision plat. Failure to do so shall require resubmission of the sketch plat to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plat, plus any recommendation made by the Planning Board. Said application shall also conform to the requirements listed in § 93-25.
(2)
All applications for plat approval for minor subdivisions shall be
accompanied by a fee of $25 per lot.
B.
Number of copies. Five copies of the minor subdivision plat shall
be presented to the Secretary of the Planning Board at least 10 days
prior to a scheduled monthly meeting of the Planning Board.
[Amended 9-10-1990 by L.L. No. 2-1990]
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 minor subdivision plat.
[Amended 9-10-1990 by L.L. No. 2-1990]
D.
When officially submitted. The time of submission of the minor 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 § 93-25 of these regulations, has been filed with the Secretary of the Planning Board.
[Amended 9-10-1990 by L.L. No. 2-1990]
E.
Public hearing. A hearing shall be held on all plats submitted in
final form within 45 days of their submission to the Planning Board,
if no preliminary plat was submitted. The hearing must be advertised
at least once in a newspaper of general circulation in the Town, at
least five days prior to the hearing.
F.
Action on minor subdivision plat.
[Amended 9-10-1990 by L.L. No. 2-1990]
(1)
The Planning Board must, within 45 days after the date of the hearing,
approve, conditionally approve with or without modification or disapprove
the final plat. "Conditional approval" is defined as the approval
of a final plat subject to conditions set forth by the Planning Board
in its resolution conditionally approving the plat.
(2)
Conditional approval does not qualify the final plat for recording;
at the time of the resolution conditionally approving the plat, the
Planning Board must empower a duly authorized officer of the Planning
Board to sign the plat subject to completion of the requirements stated
in the resolution. Upon completion of these requirements, the plat
must be signed by the officer so designated.
(3)
The subdivider has 180 days to satisfy the requirements upon which
the approval has been conditioned and obtain the certification of
the officer of the Planning Board. This period may be extended by
the Planning Board, if in its opinion the circumstances warrant this,
for up to two ninety-day periods beyond the 180 days.
A.
Preliminary plat.
(1)
Application and fee.
(a)
Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the consideration of a preliminary plat of the proposed subdivision, in the form described in § 93-26 hereof. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 276 and 277 of the Town Law, and § 93-26 of these regulations, except where waiver may be specifically authorized by the Planning Board.
(b)
The application for approval of the preliminary plat shall be
accompanied by a fee of $25 per lot for each lot in the proposed subdivision.
[Amended 9-10-1990 by L.L. No. 2-1990]
(2)
Number of copies. Five copies of the preliminary plat shall be presented
to the Secretary of the Planning Board at least 10 days prior to a
regular monthly meeting of the Planning Board.
(3)
Subdivider to attend Planning Board meeting. The subdivider or his
duly authorized representative shall attend the meeting of the Planning
Board to discuss the preliminary plat.
(4)
Study of preliminary plat. The Planning Board shall study the practicability of the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided and the requirements of the Land Use Plan, the Official Map and Chapter 105, Zoning, if such exist.
[Amended 9-10-1990 by L.L. No. 2-1990]
(5)
When officially submitted. 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 least 10 days prior to which the application for conditional approval of the preliminary plat, complete and accompanied by the required fee and all data required by § 93-26 of these regulations, has been filed with the Secretary of the Planning Board.
(6)
Public hearing. A public hearing shall be held by the Planning Board
within 45 days after the time of submission of the preliminary plat
for approval. This hearing shall be advertised in a newspaper of general
circulation in the Town at least five days before such hearing.
[Added 9-10-1990 by L.L.
No. 2-1990]
(7)
Approval of the preliminary plat.
(a)
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.
[Amended 9-10-1990 by L.L. No. 2-1990]
(b)
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.
(c)
The law provides that in the event that the Planning Board fails
to act on a preliminary plat within the time noted, the plat shall
be deemed granted preliminary approval, and the certificate of the
Town Clerk as to the date of submission and failure of the Planning
Board to act on the plat must be issued on demand; this certificate
is sufficient in lieu of any other evidence of approval of the preliminary
plat.
(d)
When granting approval to a preliminary plat, the Planning Board
shall state the conditions of the approval, if any, with respect to:
[1]
Modifications to the preliminary plat.
[2]
The character and extent of the required improvements for which
waivers may have been requested and which, in its opinion, may be
waived without jeopardy to the public health, safety, morals and general
welfare.
[3]
The amount of improvement or the amount of all bonds therefor
which it will require as a prerequisite to the approval of the preliminary
plat.
[Amended 9-10-1990 by L.L. No. 2-1990]
(e)
The action of the Planning Board, plus any conditions attached
thereto, shall be noted on three copies of the preliminary plat. One
copy shall be returned to the subdivider, one shall be retained by
the Planning Board, and one shall be forwarded to the Town Board.
(f)
Approval of a preliminary plat shall not constitute approval
of the final 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 final plat, which will be submitted for
approval of the Planning Board and for recording upon fulfillment
of these regulations and the conditions of the approval, if any.
[Amended 9-10-1990 by L.L. No. 2-1990]
(g)
Prior to approval of the final plat, the Planning Board may
require additional changes as a result of a further study of the subdivision
in final form or as a result of new information obtained at the public
hearing.
[Amended 9-10-1990 by L.L. No. 2-1990]
B.
Final plat for major subdivision.
(1)
Application for approval.
(a)
The subdivider shall, within six months after the conditional
approval of the preliminary plat, file with the Planning Board an
application for approval of the final plat using the approved application
blank available from the Secretary of the Planning Board.
[Amended 9-10-1990 by L.L. No. 2-1990]
(b)
If the final plat is not submitted within six months after the
approval of the preliminary plat, the Planning Board may refuse to
approve the final plat and require resubmission of the preliminary
plat.
(2)
Number of copies. A subdivider intending to submit a proposed final
plat for the approval of the Planning Board shall provide the Secretary
of the Planning Board with a copy of the application and three copies
[one copy in ink on linen or Mylar] of the preliminary plat, the original
and one true copy of all offers of cession, covenants and agreements,
and two copies of all construction drawings, at least 10 days in advance
of the regular monthly Planning Board meeting at which it is to be
officially submitted.
[Amended 9-10-1990 by L.L. No. 2-1990]
(3)
When officially submitted. The time of submission of the final 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 approval of the final plat, complete and accompanied by all data required by § 93-27 of these regulations, has been filed with the Secretary of the Planning Board.
[Amended 9-10-1990 by L.L. No. 2-1990]
(4)
Endorsement of state and county agencies. Water and sewer facility
proposals contained in the final plat shall be properly endorsed and
approved by the New York State Department of Health. Applications
for approval of plans for sewer or water facilities will be filed
by the subdivider with all necessary Town, county and state agencies.
Endorsement and approval by the New York State Department of Health
shall be secured by the subdivider before official submission of the
final plat.
[Amended 9-10-1990 by L.L. No. 2-1990]
(5)
Public hearing.
[Amended 9-10-1990 by L.L. No. 2-1990]
(a)
A public hearing shall be held by the Planning Board within
45 days after the time of submission of the final plat for approval.
This hearing shall be advertised in a newspaper of general circulation
in the Town at least five days before such hearing.
(b)
Under certain conditions, the Planning Board may waive this
second hearing (§ 276 of the Town Law). In the event that
the hearing is waived. Board action shall be within 45 days of submission.
(6)
Action on proposed subdivision plat. The Planning Board shall, within 45 days from the date of the public hearing on the final plat, approve, modify and approve or disapprove the final plat. However, the final plat shall not be signed by the authorized officers of the Planning Board for recording until the subdivider has complied with the provisions of § 93-8 of this article.
[Amended 9-10-1990 by L.L. No. 2-1990]
A.
Improvements and performance bond.
(1)
Before the Planning Board grants approval of the final plat, the subdivider shall follow the procedure set forth in either Subsection A(1) (a) or (b) below:
[Amended 9-10-1990 by L.L. No. 2-1990]
(a)
In an amount set by the Planning Board, the subdivider shall
either file with the Town Clerk a certified check to cover the full
cost of the required improvements or the subdivider shall file with
the Town Clerk a performance bond to cover the full cost of the required
improvements. Any such bond shall comply with the requirements of
§ 277 of the Town Law and further, shall be satisfactory
to the Town Board and Town Attorney as to form, sufficiency, manner
of execution and surety. A period of one year [or such other period
as the Planning Board may determine appropriate, not to exceed three
years] shall be set forth in the bond, within which required improvements
must be completed.
(b)
The subdivider shall complete all required improvements to the
satisfaction of the Town Planning Board in consultation with the Highway
Superintendent and/or appropriate officials, who shall place on file
with the Secretary of the Planning Board a letter signifying satisfactory
completion of all improvements required by the Board. For any required
improvements not so completed, the subdivider shall file with the
Town Clerk a bond or certified check covering the costs of such improvements
and the cost of satisfactorily installing any improvement not approved
by the Town Planning Board after consultation with appropriate officials.
Any such bond shall be satisfactory to the Town Board and Town Attorney
as to form, sufficiency, manner of execution and surety.
(2)
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Planning Board after consultation with the appropriate officials and a map satisfactory to the Planning Board has been submitted, indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(1)(b), then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection A(1)(a), such bond shall not be released until such a map is submitted.
B.
Inspection of improvements. At least five days prior to commencing
construction of required improvements, the subdivider shall pay to
the Town Clerk the inspection fee required by the Town Board and shall
notify the Town Board, in writing, of the time when he proposes to
commence construction of such improvements so that the Town Board
may cause inspection to be made to assure that all Town specifications
and requirements shall be met during the construction of required
improvements and to assure the satisfactory completion of improvements
and utilities required by the Planning Board.
C.
Proper installation of improvements. If the Town Planning Board and
appropriate officials shall find upon inspection of the improvements
performed before the expiration date of the performance bond that
any of the required improvements have not been constructed in accordance
with plans and specifications filed by the subdivider, they shall
so report to the Town Board, Code Enforcement Officer and Secretary
of the Planning Board. The Town Board shall notify the subdivider
and, if necessary, the bonding company and take all necessary steps
to preserve the Town's right under the bond. No plat shall be
approved by the Planning Board as long as the subdivider is in default
on a previously approved plat.
[Amended 9-10-1990 by L.L. No. 2-1990]
[Amended 9-10-1990 by L.L. No. 2-1990]
A.
Final approval and filing. Upon completion of the requirements of §§ 93-7B and 93-8 above and notation to that effect upon the final plat, it shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Planning Board (Chairman or Acting Chairman) and may be filed by the applicant in the office of the Steuben County Clerk. Any final plat not so filed or recorded within 60 days of the date upon which such plat is approved or considered approved by reasons of the failure of the Planning Board to act shall become null and void in accordance with § 276, Subdivision 7, of the Town Law.
B.
Plat void if revised after approval. No changes, erasures, modifications
or revisions shall be made in any final plat after approval has been
given by the Planning Board and endorsed, in writing, on the plat,
unless said plat is first resubmitted to the Planning Board and such
Board approves the modifications. In the event that any such final
plat is recorded without complying with this requirement, the same
shall be considered null and void, and the Board shall institute proceedings
to have the plat stricken from the records of the Steuben County Clerk.
A.
Public acceptance of streets. The approval by the Planning Board
of a final plat shall not be deemed to constitute or be evidence of
any acceptance by the Town of any street, easement or other open space
shown on such final plat.
[Amended 9-10-1990 by L.L. No. 2-1990]
B.
Ownership and maintenance of recreation areas. When a park, playground
or other recreation area shall have been shown on a plat, the approval
of said plat shall not constitute an acceptance by the Town of such
area. 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 cost of grading, development, equipment and maintenance of any
such recreation area.
[Amended 9-10-1990 by L.L. No. 2-1990]
Pursuant to resolution of the Town Board, the Planning Board is empowered to modify applicable provisions of Chapter 105, Zoning, in accordance with the provisions of § 281 of the Town Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most adequate and economic use of land, to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of open lands. The following shall be the procedure and standards:
A.
Request by subdivider. A subdivider may request the use of § 281 simultaneously with or subsequent to presentation of the sketch plat as per the procedure described in this Article II. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plat review.
B.
Sketch plat. A subdivider shall present, along with a proposal in accordance with the provisions of § 281, a standard sketch plat which is consistent with all the criteria established by these subdivision regulations, including but not limited to streets being consistent with the street specifications and lots being consistent with Chapter 105, Zoning.
C.
Park, recreation, open space or other municipal purposes. If the
application of this procedure results in a plat showing land available
for park, recreation, open space or other municipal purposes directly
related to the plat, then conditions as to ownership, use and maintenance
of such lands necessary to assure the preservation of such lands for
their intended purposes all be set forth by the Planning Board.
D.
Plat submission. Upon determination that such sketch plat is suitable
for the procedures under § 281 and subsequent to the resolution
authorizing the Planning Board to proceed, a preliminary plat meeting
all the requirements of the resolution shall be presented to the Planning
Board and thereafter, the Planning Board shall proceed with the required
public hearings and all other requirements of these regulations.
E.
Filing; notation on Land Use Map. On the filing of a plat in the
office of the Steuben County Clerk in which § 281 has been
used, the subdivider shall file a copy with the Town Clerk who shall
make appropriate notations and reference thereto in the Town Zoning
Map. The Secretary of the Planning Board shall notify the Code Enforcement
Officer when such a plat is filed.
