Whenever any subdivision of land is proposed to be made in the Town of Marlborough and before any lots are sold and before any permit for erection of a structure in such proposed subdivision shall be granted, the subdivider or his authorized agent shall apply for approval of such proposed subdivision in accordance with the following procedure:
A. 
Preapplication meeting with Planning Board.
B. 
Sketch plat showing general concept.
C. 
Preliminary plat showing proposal in detail.
D. 
Public hearing on preliminary plat.
E. 
Final subdivision plat or finalized proposal.
F. 
Public hearing on final plat waivable at Planning Board's discretion.
G. 
Planning Board approval by resolution.
H. 
Improvements completed or posting of bonds or certified checks.
I. 
Planning Board signs plat.
J. 
Plat is filed in County Clerk's office.
A. 
General procedure. Before preparing a detailed proposal, the subdivider should make an appointment at a regular meeting of the Planning Board to become familiar with the requirements of these and other regulations, the policies and plans of the Planning Board and other information that may be pertinent to the subdivision. The proposal should also be discussed with the County Health Department, which is responsible for the adequacy of lot sizes and facilities for water supply and sewage disposal. Under certain conditions, the subdivider may also need the approval of the state, county or local highway agencies and others. This initial conference is intended to save the subdivider time and unnecessary expense.
B. 
Sketch plat. Prior to filing a preliminary plat, the subdivider should submit a sketch plat showing a basic proposed layout and other information required in Article IV of this chapter. At least 10 copies of this sketch plat shall be delivered to the Chairman or other authorized official of the Planning Board at least 10 days before the next scheduled Board meeting. After review of the sketch plat, but within 62 days of its official date of submission, the Planning Board shall tentatively approve the sketch plat or recommend notification, in writing. Where a single parcel is to be subdivided into not more than four lots, contains no new streets and is not subject to limiting physical conditions, such as shallow depth to bedrock or extreme wetness, the Planning Board may waive the requirements of § 134-22 and permit the subdivider to furnish the information specified in § 134-23C(1). In the event that the requirements of § 134-22 are waived and the application approved, no lot in the approved subdivision shall be considered by the Board for resubdivision for a period of three years from the date of approval.
[Amended 3-8-1999 by L.L. No. 2-1999]
A. 
Procedure. Subsequent to approval of the sketch plat, a preliminary plat shall be prepared showing in detail the design of the subdivision, details of construction, proposed covenants and other items required in Article IV. Such preliminary plat shall be clearly marked "preliminary plat" and shall conform to the definition provided in this chapter.
B. 
Study of the 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; the relation to the topography of the land; water supply, sewage disposal and drainage; lot sizes, shape and arrangement; the future development of adjoining lands as yet unsubdivided; and the requirements of the Town Comprehensive Plan, zoning regulations[1] and other matters enumerated in § 277 of the Town Law.
[1]
Editor's Note: See Ch. 155, Zoning.
C. 
Public hearing. A public hearing shall be held by the Planning Board within 62 days after the receipt of a complete preliminary plat by the Clerk of the Planning Board. Completeness shall include compliance with all requirements of the State Environmental Quality Review Act.[2] Such hearing shall be advertised at least once in a newspaper of general circulation at least five days prior to such hearing. The Planning Board may provide that the hearing be further advertised in such manner as it deems appropriate for full public consideration of such preliminary plat.
[2]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
D. 
Approval of preliminary plat. Within 62 days after the public hearing, the Planning Board shall approve, with or without modification, or disapprove the preliminary plat. The ground for a modification, if any, or the ground for a disapproval shall be stated upon the records of the Planning Board. Notwithstanding the foregoing provisions of this section, the period in which a Planning Board must take action may be extended by mutual consent of the owner and the Planning Board. When approving a preliminary plat, the Planning Board shall state, in writing, any modifications it deems necessary for submission of the plat in final form. Approval of the preliminary plat shall not constitute approval of the final subdivision plat, but general agreement on which the final subdivision plat may be submitted. Preliminary approvals, followed by final approval, shall not be required for the consolidation of lots or for lot line realignments affecting no more than two lots in the R, R-1, and R-Ag-1 Zoning Districts. Instead the Planning Board may issue one unified approval.
[Amended 3-3-2017 by L.L. No. 4-2017]
E. 
Filing of preliminary plat. Within five days of the approval of such preliminary plat, it shall be certified by the Clerk of the Planning Board as having been granted preliminary approval. A copy shall be filed in the Clerk's office and a certified copy mailed to the owner.
F. 
Revocation of approval of preliminary plat. Within six months of the approval of the preliminary plat, the owner must submit the plat in final form. If the final plat is not submitted within six months, approval of the preliminary plat may be revoked by the Planning Board.
G. 
Default approval of preliminary plat. In the event that a Planning Board fails to take action on a preliminary plat within the time prescribed therefor, such preliminary plat shall be deemed granted preliminary approval. The certificate of the Clerk of the town as to the date of submission and the failure of the Planning Board to take action within such prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required.
H. 
Subdivision. Following site development plan approval of two-family dwellings or multiple dwellings, where permitted, the overall site may be subdivided into lots which may be smaller than the minimum lot size specified elsewhere in this chapter, provided that:
[Added 3-9-2009 by L.L. No. 3-2009]
(1) 
The purpose of such subdivision shall be to facilitate the sale of units on individual lots, to facilitate the development of the site with one or more property owner associations, or to facilitate financing or construction in appropriate phases. The configuration of lots shall be consistent with the intent of the approved site development plan.
(2) 
The approval of any such subdivision shall not constitute an amendment to or be contrary to the approved site development plan with respect to the physical layout of the site or other aspects of construction. Further, no development within any of the approved lots shall be permitted except as shown on the approved site development plan, as such plan may thereafter be amended.
(3) 
The subdivision may establish separate lots for each of the units shown on the approved site development plan, or separate lots for clusters of such units, and may establish one or more separate lots encompassing open space or other common facilities shown on the approved site development plan, without regard to otherwise prevailing lot size, yard and coverage requirements, including provision for side yards of zero for townhouse dwellings. However, all such requirements shall apply to the overall site development.
[Amended 5-9-2011 by L.L. No. 3-2011]
(4) 
Provisions satisfactory to the Planning Board shall be made with respect to the ownership, use, preservation, maintenance and operation of all open space, roadways and other common facilities on the overall site. Responsibility for all private common facilities shall be lodged with one or more condominium or property owners’ associations, or similar entities, which shall be empowered to levy assessments against property owners to defray the cost of preservation, maintenance and operation and to acquire liens, where necessary, against property owners for unpaid charges or assessments. The Planning Board may require the establishment of a single “umbrella” entity for the overall site if there are open spaces, roadways or other common facilities that are intended for the shared use of the entire site. If the Planning Board determines that such shared facilities are not significant or that an umbrella entity is not required for proper administration, the Planning Board may instead make appropriate requirements, in the form of easements or otherwise, to ensure proper administration.
(5) 
Lots containing one or more units shall not be required to have frontage on a public street, provided that appropriate easements and/or access and maintenance agreements are provided, to the satisfaction of the Planning Board attorney, for access between such lots and public streets over common internal roadways and driveways to be constructed in accordance with the approved site development plan.
(6) 
Appropriate cross easements shall also be provided, to the satisfaction of the Planning Board attorney, to allow the use and enjoyment of common off-street parking spaces (other than those exclusively serving respective dwelling units) and the use and enjoyment of other common facilities in accordance with the approved site development plan.
(7) 
The Planning Board may consider an application for the subdivision of a site, in accordance with this subsection, concurrently with the application for site development plan approval for the overall site.
(8) 
For townhouse dwellings, the boundaries between lots may be intended to coincide with common walls separating attached units, resulting in side yards of zero, and it may be desirable to finalize these boundaries after the foundations of the units have been constructed and the actual locations of the units are thereby known. In such cases, the Planning Board may approve a final subdivision plat on which a single lot is shown to encompass an entire building or cluster of attached units, with a notation as to how many such units are to be constructed within such single lot. The Planning Board may treat the subdivision of the single lots, in order to provide separate lots for each unit in the building or cluster, as a subsequent section of the plat and may simultaneously approve a preliminary subdivision plat showing the tentative boundary lines coincident with the common walls of the dwelling units. Upon determination of the actual locations of the foundations of the dwelling units and after any necessary revision of the preliminary subdivision plat, the Planning Board may proceed with the approval of a final subdivision plat showing the final lot lines of the building or cluster.
A. 
Procedure. Within six months of approval of the preliminary plat, the subdivider shall file with the Planning Board an application for approval of the subdivision plat in final form, accompanied by required fees and information.
B. 
Agency review. Where review of subdivisions is required by other agencies (e.g., the County Health Department, State Department of Environmental Conservation, State Water Resources Commission, County and State Highway Departments and the County Planning Board), written recommendations of these agencies, subject to modification due to local conditions which may be brought forth at the public hearing, shall be filed by the subdivider with the Planning Board prior to final approval.
C. 
Final plats which are in substantial agreement with approved preliminary plats. When a final plat is submitted which the Planning Board deems to be in substantial agreement with an approved preliminary plat, the Planning Board shall, by resolution, conditionally approve with or without modification, disapprove or grant final approval and authorize the signing of such plat within 62 days of its receipt by the Clerk of the Planning Board.
D. 
Final plats which are not in substantial agreement with approved preliminary plats. When a final plat is submitted which the Planning Board deems not to be in substantial agreement with a preliminary plat approved pursuant to this section, the following shall apply:
(1) 
Final plats not in substantial agreement with approved preliminary plats may require further review under the State Environmental Quality Review Act.[1]
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
(2) 
The Planning Board shall hold a public hearing on such final plat not later than 62 days after the receipt of the final plat. The hearing shall be advertised at least once in a newspaper of general circulation in the town at least five days before such hearing.
(3) 
The Planning Board shall, by resolution, conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat within 62 days after the date of the public hearing. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. Notwithstanding the foregoing provisions of this section, the period in which the Planning Board must take action on such final plat may be extended by mutual consent of the owner and the Planning Board.
E. 
Approval of subdivision plat in sections. The Planning Board may permit the subdivision plat to be divided into two or more sections, subject to such conditions as it deems necessary to assure the orderly development of the subdivision. Any section shall encompass at least 10% of the total number of lots shown on the plat.
F. 
Extensions of time. Notwithstanding other provisions of this chapter, the period within which the Planning Board must take action on such final plats may be extended, by mutual consent of the applicant and the Planning Board, a maximum of two times for 90 days each.
[Amended 9-14-2009 by L.L. No. 6-2009]
A. 
Improvements or performance bond. Where a subdivision entails new streets or other improvements, before the Planning Board Chairman or other authorized person may sign the subdivision plat, the subdivider shall either post a bond or certified check in an amount sufficient to construct the required improvements or shall complete the required improvements. A licensed professional engineer representing the subdivider shall certify, in writing, to the Town Engineer that these required improvements have been completed in accordance with the stipulations of the approved subdivision plat.
(1) 
When bond or certified check is posted. In an amount determined by the Planning Board, the subdivider shall either file with the Town Clerk a certified check or 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 shall be satisfactory to the Town Board as to form, sufficiency, manner of execution and surety. A period of one year or for such other period as the Planning Board may determine appropriate, not to exceed three years, shall be set forth in the bond with which required improvements must be completed.
(2) 
When no bond is posted. The subdivider shall complete all required improvements to the satisfaction of the Town Engineer, who shall file with the Planning Board a letter from a licensed professional engineer representing the subdivider, attesting to the satisfactory completion of all improvements required by the Board.
(3) 
As-built drawings necessary. The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer and a map satisfactory to the Planning Board has been submitted, indicating the actual location of all required improvements and monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(2) above, then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board Officer. If, however, the subdivider elects to provide a bond or certified check for all required improvements as specified above, such bond shall not be released until such map is submitted.
B. 
Modification of design of improvements. If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of Town Engineer or other authorized person that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town Engineer may, upon approval by a previously delegated member of the Planning Board, authorize modifications, provided that these modifications are within the spirit and intent of the Planning Board's approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the Board. The Town Engineer shall issue any authorization under this subsection in writing and shall transmit a copy of such authorization to the Planning Board at its next regular meeting.
C. 
Proper installation of improvements. If the Town Engineer 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, he shall so report to the Town Board and Planning Board. The Town Board then shall notify the subdivider and, if necessary, the bonding company and take all necessary steps to preserve the town's rights 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.
A. 
Signing and filing. Upon completion of the requirements specified herein, the subdivision plat shall be signed by the Chairman of the Planning Board or Secretary in the Chairman's absence and shall be filed by the subdivider in the office of the County Clerk. Any subdivision plat not so filed or recorded within 62 days of the date upon which such plat is approved or considered approved by reason of the failure of the Planning Board to act shall become null and void unless the particular circumstances of said subdivider warrant the Planning Board to grant an extension, which shall not exceed two additional periods of 90 days.
B. 
Plat void if revised after approval. No changes, erasures, modification or revisions shall be made in any subdivision plat after approval had 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.
A. 
Offers of cession. In accordance with § 278 of the Town Law, the subdivider may add a notation on the subdivision plat that no offer of streets, parks or easements shown on the plat is made to the public. Failure to make such notation will constitute a continuing offer of cession to the town, which may be accepted by the Town Board at any time prior to revocation of said offer by the owner of the land or his agent. Formal offers of cession to the public of all streets, parks and easements not marked with such notations on the plat shall be filed with the Planning Board prior to approval of the plat.
B. 
Acceptance by town.
(1) 
Acceptance of any such offer of cession shall rest with the Town Board. In the event that the applicant shall elect not to file the subdivision plat in the office of the County Clerk, such offer of cession shall be deemed to be void.
(2) 
The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or imply the acceptance by the Town Board of any street, park, easement or open space shown on said plat. The Planning Board may require said plat to be endorsed with an appropriate note to this effect.
C. 
Maintenance of roads. In those cases where no offer of cession to the public is made for the roads, parks and required easements shown on the plat, there shall be submitted with the plat copies of agreements or other documents providing for and fixing responsibility for their suitable maintenance and statements of all rights which exist with respect to the use of such property or properties. Such documents shall be reviewed by the Town Attorney for legal adequacy and competency.