[Amended 6-13-2005 by L.L. No. 6-2005]
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 subdivision in final form using the approved application blank available from the Clerk of the Planning Board. All applications for plat approval for major subdivisions shall be accompanied by a fee in the amount adopted by the Town Board pursuant to Town Code § 50-1 and listed on the Fee Schedule.[1] An additional fee as shown on the Fee Schedule shall be
charged for applications for planned development groups. If the final
plat is not submitted within six months after the conditional approval
of the preliminary plat, the Planning Board may refuse to approve
the final plat and require resubmission of the preliminary plat.
A subdivider intending to submit a proposed
subdivision plat for the approval of the Planning Board shall provide
the Clerk of the Planning Board with a copy of the application and
three copies of the plat, the original and one true copy of all offers
of concessions, convenants and agreements and two prints 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.
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 approval of the subdivision plat, complete and accompanied by the required fee and all data required by Article VIII of these regulations, has been filed with the Clerk of the Planning Board.
Water and sewer facility proposals contained
in the subdivision 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, state and federal agencies. Endorsement
and approval by all government agencies shall be secured by the subdivider
before official submission of the subdivision plat.
[Amended 4-14-2003 by L.L. No. 2-2003]
A public hearing may be held by the Planning
Board, at the discretion of the Planning Board, within 45 days after
the time of the submission of the subdivision plat for approval. This
hearing shall be advertised in a newspaper of general circulation
in the Town at least five days before such hearing.
The Planning Board shall, within 45 days from the date of the public hearing on the subdivision plat, approve, modify and approve or disapprove the subdivision plat. However, the subdivision plat shall not be signed by the authorized officers of the Planning Board for recording until the subdivider has completed with the provisions of Article V of these regulations.
Upon completion of the requirements in Articles IV and V above and notation to that effect upon the subdivision plat, it shall be deemed to have the final approval and shall be properly signed by the Planning Board Chairman or Acting Chairman and may be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed or recorded within 90 days of the date upon which such plat is approved or by reasons of the failure of the Planning Board to act shall become null and void, unless the particular circumstances of said applicant warrant the Planning Board to grant an extension which shall not exceed two additional periods of 90 days.
No changes, erasures, modifications or revisions
shall be made in any subdivision 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 any modifications. In the event that any such subdivision
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 County Clerk.
The approval of the Planning Board of a subdivision
plat shall not be deemed to constitute or be evidence of any acceptance
by the Town of any street, easement or open space shown on such subdivision
plat.
