Town of Liberty, NY Application; plat submission; review requirements

The following procedures and requirements shall apply to minor subdivisions only.

Application requirements. Any person proposing to create a minor subdivision shall submit, along with plats required in § 130-12B, five copies of an application for minor subdivision approval. This application shall set forth:

(1)

The name, address and telephone number of the property owner of record or his or her agent. If an agent shall be involved, authorization from the owner(s) shall be provided.

(2)

The name or number of the road where the proposed subdivision is to be located.

(3)

The name, address and telephone number of the surveyor or engineer preparing the subdivision plat.

(4)

The type of water supply proposed.

(5)

The type of sewer system proposed.

(6)

The name and address of each adjoining property owner.

(7)

Fees as per the schedule adopted by the Town Board, paid with the application to the Planning Board Secretary.

(8)

A copy of the most recent deed to the subject property.

Plat requirements. The subdivider shall submit five copies of the plat and required supplementary data for the proposed subdivision. This plat shall show all the lots proposed to be created. The plat shall meet the following requirements:

(1)

Such plat shall be clearly marked "final plat."

(2)

The map shall be drawn by a licensed land surveyor to the County Clerk's requirements.

(3)

The map shall show the name of the municipality, name of the owner of record, North point, scale and date.

(4)

The names of all adjoining property owners and the size of any remaining acreage in the tract from which lots are being taken shall be shown.

(5)

Topography of the site to at least twenty-foot contours shall be shown.

(6)

Existing public roads shall be identified by name and route numbers and private roads by their posted names.

(7)

Proposed lot lines shall be drawn to scale and dimensions given in feet and hundredths of a foot. Lot areas shall be indicated.

(8)

The plat shall depict the proposed subdivision as part of the contiguous holdings of the subdivider, including all lots taken from the original parcel over the previous five years.

(9)

Certification by a licensed surveyor as to the accuracy of the survey and give the date of the survey and the date the drawing was completed.

(10)

The location of New York State-designated wetlands or flood hazard areas.

(11)

Except as to lots to be serviced by a public or community sewer system, location and results of percolation tests and deep pit tests for each lot five acres in size or smaller shall be set forth. The Planning Board may require percolation tests and deep pit tests for lots larger than five acres.

(12)

Any other information the Planning Board may deem appropriate.

Approval of plat.

(1)

The subdivider shall submit the application, along with the required copies of the plat, to the Planning Board Secretary at least 10 days prior to the meeting of the Planning Board at which initial review is desired. The Secretary shall note receipt of the applications and collect the fees due.

(2)

The plat shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of SEQRA. The time periods for review of such plat shall begin upon filing of such a negative declaration or such notice of completion.

(3)

The following review procedure shall apply to minor subdivisions:

(a)

Planning Board as lead agency under SEQRA; public hearing; notice; decision.

[1]

Public hearing on final plats. The time within which the Planning Board shall hold a public hearing on the plat shall be coordinated with any hearings the Planning Board may schedule pursuant to the SEQRA, as follows:

[a]

Environmental impact statement not required. If the Planning Board determines that the preparation of an environmental impact statement is not required, the public hearing on the plat shall be held within 62 days after the receipt of a complete plat by the Secretary of the Planning Board; or

[b]

Environmental impact statement is required. If the Planning Board determines that an environmental impact statement is required and a public hearing on the draft environmental impact statement is held, the public hearing on the plat and the draft environmental impact statement shall be held jointly within 62 days after the filing of the notice of completion of such draft environmental impact statement in accordance with the provisions of SEQRA. If no public hearing is held on the draft environmental impact statement, the public hearing on the plat shall be held within 62 days following filing of the notice of completion.

[2]

Public hearing; notice; length. The hearing on the plat shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing if no hearing is held on the draft environmental impact statement or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of the plat. The hearing on the plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.

[3]

Decision. The Planning Board shall make its decision on the plat as follows:

[a]

If the Planning Board determines that the preparation of an environmental impact statement on the plat is not required, 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; or

[b]

If the Planning Board determines that an environmental impact statement is required and a public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of such public hearing in accordance with the provisions of SEQRA. If no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of the public hearing on the plat. Within 30 days of the filing of the final environmental impact statement, the Planning Board shall issue findings on such final environmental impact statement and shall by resolution conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat.

[4]

Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.

(b)

Planning Board not as lead agency under SEQRA; public hearing; notice; decision.

[1]

Public hearing. The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the plat jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement, the Planning Board shall hold the public hearing on the plat within 62 days after the receipt of a complete plat by the Secretary of the Planning Board.

[2]

Public hearing; notice; length. The hearing on the plat shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing if held independently of the hearing on the draft environmental impact statement or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such plat. The hearing on the plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.

[3]

Decision. 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 close of the public hearing on such plat. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.

Approval and certification of plats.

(1)

Certification of plat; filing of decision on plat. Within five business days of the adoption of the resolution granting conditional or final approval of the plat, such plat shall be certified by the Secretary of the Planning Board as having been granted conditional or final approval and a copy of such resolution and plat shall be filed in such Secretary's office. A copy of the resolution shall be mailed to the owner. In the case of a conditionally approved plat, such resolution shall include a statement of the requirements which when completed will authorize the signing thereof. Upon completion of such requirements the plat shall be signed by said duly authorized officer of the Planning Board and a copy of such signed plat shall be filed with the Town Clerk.

(2)

Approval of plat in sections. Plats reviewed by the Planning Board as a minor subdivision shall not be approved in sections.

(3)

Duration of conditional approval of plat. Conditional approval of the plat shall expire within 180 days after the resolution granting such approval unless all requirements stated in such resolution have been certified as completed. The Planning Board may extend by not more than two additional periods of 90 days each the time in which a conditionally approved plat must be submitted for signature if, in the Planning Board's opinion, such extension is warranted by the particular circumstances.

Default approval of preliminary or final plat. The time periods prescribed herein within which a Planning Board must take action on a preliminary plat or a final plat are specifically intended to provide the Planning Board and the public adequate time for review and to minimize delays in the processing of subdivision applications. Such periods may be extended only by mutual consent of the owner and the Planning Board. In the event that the Planning Board fails to take action on a preliminary plat or a final plat within the time prescribed therefore after completion of all requirements under the State Environmental Quality Review Act or within such extended period as may have been established by the mutual consent of the owner and the Planning Board, such preliminary or final plat shall be deemed granted approval. The certificate of the Town Clerk as to the date of submission of the preliminary or final plat and the failure of the Planning Board to take action within the prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required.

Filing of final plat; expiration of approval.

(1)

The owner shall file in the office of the County Clerk such approved final plat or a section of such plat within 62 days from the date of final approval or such approval shall expire. The following shall constitute final approval:

(a)

The signature of the duly authorized officer of the Planning Board constituting final approval by the Planning Board of a plat as herein provided; or

(b)

The approval by such Board of the development of a plat or plats already filed in the office of the County Clerk of the County in which such plat or plats are located if such plats are entirely or partially undeveloped; or

(c)

The certificate of the Town Clerk as to the date of the submission of the final plat and the failure of the Planning Board to take action within the time herein provided.

(2)

In the event that 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 in each Town in which any portion of the land described in the plat is situated. 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 before the expiration of the exemption period to which such plat is entitled under the provisions of § 265-a, Subdivision 2 of the New York State Town Law.

The following procedures and requirements shall apply to major subdivisions.

Application requirements. Any person proposing to create a major subdivision shall submit, along with plats required in § 170-13B, D and F, five copies of an application for major subdivision approval. This application shall set forth:

(1)

The name, address and telephone number of the property owner of record or his or her agent. If an agent shall be involved, authorization from the owner(s) shall be provided.

(2)

The name or number of the road where the proposed subdivision is to be located.

(3)

The name, address and telephone number of the surveyor or engineer preparing the subdivision plat.

(4)

The type of water supply proposed.

(5)

The type of sewer system proposed.

(6)

The name and address of each adjoining property owner.

(7)

Fees as per the schedule adopted by the Town Board, paid with the application to the Planning Board Secretary.

(8)

A copy of the most recent deed to the subject property.

Sketch plans for major subdivisions. Ten copies of a sketch plan shall be submitted to the Planning Board of a scale sufficient to show the entire tract on one sheet. The sketch plan should show or include the following:

(1)

The map shall show the name of the municipality, name of the owner or record, North point, scale and date.

(2)

The name of the owners of all adjoining properties as disclosed by the most recent tax rolls.

(3)

A location map depicting the premises upon the United States Geological Survey quadrangle map(s).

(4)

The location of that portion of a tract which is to be subdivided in relation to the entire tract.

(5)

All streets or roads, streams, water mains, sanitary sewers, electric, power lines and telephone lines within 500 feet of the subdivision.

(6)

The types and bounds of all soil types on the site.

(7)

All existing structures and wooded areas within the area to be subdivided.

(8)

The tentative layout of the remainder of the tract or other contiguous property owned by the subdivider.

Preliminary plat requirements for major subdivisions. Ten copies of the preliminary plat shall be required for all proposed major subdivisions. The preliminary plat shall be submitted to the Planning Board Secretary at least 10 days prior to the meeting at which the plat will be initially reviewed. The preliminary plat shall meet the following requirements and contain the following information:

(1)

The plat shall be clearly marked "preliminary plat."

(2)

The preliminary plat shall be clearly and legibly drawn by a licensed land surveyor to the County Clerk's requirements.

(3)

The proposed name of the subdivision. The name shall not duplicate in spelling or pronunciation any recorded subdivision within the Town of Liberty.

(4)

The location by Town, County and state. The plat should also include tax map numbers for the subject parcel and adjoining parcels.

(5)

The boundaries of the total tract and acreage contained within it.

(6)

The preliminary plat shall depict the proposed subdivision as part of the contiguous holdings of the subdivider, including all lots taken from the original parcel over the previous five years.

(7)

The names of the owners of adjoining properties and lines showing where property lines of adjoining properties intersect the subject parcel.

(8)

All applicable zoning data.

(9)

The proposed lot layout, with a numbering of the lots.

(10)

The approximate dimensions and acreage of each lot.

(11)

The existing contours at intervals of not more than 20 feet. (United States Geological Survey maps may suffice for the basis of this item.) The Planning Board reserves the right to request greater detail when necessary due to the scope or nature of the development.

(12)

The location and extent of undevelopable areas, including rights-of-way for streets, utility easements, existing buildings and all existing or proposed open space areas or parks.

(13)

The approximate locations of existing sanitary sewers, public water mains, storm sewers, electric power, telephone lines and all other similar items either above or below ground, with direction of flow and pressure, if applicable.

(14)

The proposed layout of streets, including rights-of-way width and proposed names. Street names shall not duplicate existing names by spelling or pronunciation. The street proposals shall be accompanied by a submission of design materials, including profiles, cross sections and preliminary designs for bridges and culverts.

(15)

All drainage easements marked as such.

(16)

Approximate final grades in areas where cuts or fills are to be made.

(17)

Building setback lines.

(18)

Any lots designated for uses other than residential shall be indicated.

(19)

The parcels to be dedicated to the public or reserved for public use or to be reserved for use by residents of the subdivision shall be shown and marked as such.

(20)

(21)

The location of New York State-designated wetlands.

(22)

The location of any designated flood hazard areas.

(23)

An erosion and sedimentation control plan prepared by a licensed professional engineer in cooperation with the Sullivan County Soil and Water Conservation District, if required by the Planning Board.

(24)

A stormwater management plan prepared by a licensed professional engineer, in cooperation with the Sullivan County Soil and Water Conservation District, if required by the Planning Board.

(25)

Any other information the Planning Board may deem appropriate.

Approval of preliminary plats.

(1)

Coordination with the State Environmental Quality Review Act. The Planning Board shall comply with the provisions of SEQRA under Article 8 of the Environmental Conservation Law and its implementing regulations.

(2)

Receipt of a complete preliminary plat. A preliminary plat shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of SEQRA. The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion.

(3)

The following review procedure shall apply to major subdivisions:

(a)

Planning Board as lead agency under SEQRA; public hearing; notice; decision. Public hearing on preliminary plats. The time within which the Planning Board shall hold a public hearing on the preliminary plat shall be coordinated with any hearings the Planning Board may schedule pursuant to SEQRA, as follows:

[1]

Environmental impact statement not required. If the Planning Board determines that the preparation of an environmental impact statement on the preliminary plat is not required, the public hearing on such plat shall be held within 62 days after the receipt of a complete preliminary plat by the Secretary of the Planning Board; or

[2]

Environmental impact statement is required. If the Planning Board determines that an environmental impact statement is required, a public hearing on the draft environmental impact statement shall be held jointly within 62 days after the filing of the notice of completion of such draft environmental impact statement in accordance with the provisions of SEQRA. If no public hearing is held on the draft environmental impact statement, the public hearing on the preliminary plat shall be held within 62 days of filing the notice of completion.

(b)

Public hearing; notice, length. The hearing on the preliminary plat shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing if no hearing is held on the draft environmental impact statement or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.

(c)

Decision. The Planning Board shall approve with or without modification or disapprove such preliminary plat as follows:

[1]

If the Planning Board determines that the preparation of an environmental impact statement on the preliminary plat is not required, the Planning Board shall make its decision within 62 days after the close of the public hearing; or

[2]

If the Planning Board determines that an environmental impact statement is required and a public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of such public hearing in accordance with the provisions of SEQRA. If no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of the public hearing on the preliminary plat. Within 30 days of the filing of such final environmental impact statement, the Planning Board shall issue findings on the final environmental impact statement and make its decision on the preliminary plat.

(d)

Grounds for decision. The grounds for modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. When so approving a preliminary plat, the Planning Board shall state in writing any modifications it deems necessary for submission of the plat in final form.

(4)

Planning Board not as lead agency under SEQRA; public hearing; notice; decision.

(a)

Public hearing on preliminary plats. The Planning Board shall, with the agreement of the lead agency, hold for public hearing on the preliminary plat jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement or if no public hearing is held on the draft environmental impact statement, the Planning Board shall hold the public hearing on the preliminary plat within 62 days after the receipt of a complete preliminary plat by the Secretary of the Planning Board.

(b)

Public hearing; notice, length. The hearing on the preliminary plat shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing if held independently of the hearing on the draft environmental impact statement or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.

(c)

Decision. The Planning Board shall by resolution approve with or without modification or disapprove the preliminary plat as follows:

[1]

If the preparation of an environmental impact statement on the preliminary plat is not required, the Planning Board shall make its decision within 62 days after the close of the public hearing on such preliminary plat.

[2]

If an environmental impact statement is required, the Planning Board shall make its own findings and its decision on the preliminary plat within 62 days after the close of the public hearing on such preliminary plat or within 30 days of the adoption of findings by the lead agency, whichever period is longer.

(d)

Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. When so approving a preliminary plat, the Planning Board shall state in writing any modifications it deems necessary for submission of the plat in final form.

(5)

Certification and filing of preliminary plat. Within five business days of the adoption of the resolution granting approval of such preliminary plat, such plat shall be certified by the Secretary of the Planning Board as having been granted preliminary approval, and a copy of the plat and resolution shall be filed in such Clerk's office. A copy of the resolution shall be mailed to the owner.

(6)

Filing of decision on preliminary plat. Within five business days from the date of the adoption of the resolution approving the preliminary plat, the Chairman or other duly authorized member of the Planning Board shall cause a copy of such resolution to be filed in the office of the Town Clerk.

(7)

Revocation of approval of preliminary plat. With 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.

Requirements for guaranty of improvements.

(1)

Methods to be followed. After approval of the preliminary plat, the subdivider, in a manner consistent with § 277 of the New York State Town Law, shall provide for the installation of required improvements (those physical additions and changes which may be necessary to provide usable and desirable lots). Prior to requesting final plat approval, the subdivider must:

(a)

Install all the required improvements; or

(b)

File with the Town of Liberty a performance guaranty to ensure installation and construction of all required improvements.

(2)

Performance bond or other security.

(a)

Furnishing of performance bond or other security. As an alternative to the installation of infrastructure and improvements as above provided, prior to requesting final plat approval, a performance bond or other security sufficient to cover the full cost of the same, as estimated by the Planning Board or a Town department designated by the Planning Board to make such estimate, where such departmental estimate is deemed acceptable by the Planning Board, shall be furnished to the Town by the owner.

(b)

Security where plat approved in sections. In the event that the owner shall be authorized to file the approved plat in sections, as provided in § 276, Subdivision 7(b) of the New York State Town Law, approval of the plat may be granted upon the installation of the required improvements or in the furnishing of security covering the costs of such improvements in the section of the plat to be so approved. The owner shall not be permitted to begin construction of buildings in any other section until the required improvements have been installed in such section or a security covering the cost of such improvements has been provided and a plat relating to such section has been filed in the office of the County Clerk.

(c)

Form of security. Any such security must be provided pursuant to a written security agreement with the Town, approved by the Town Board and also approved by the Town Attorney as to form and manner of execution and the Town Engineer as to sufficiency, and shall be limited to:

[1]

A performance bond issued by a bonding or surety company authorized to do business in this state;

[2]

The deposit of funds in or a certificate of deposit issued by a bank or trust company located and authorized to do business in this state;

[3]

An irrevocable letter of credit from a bank located and authorized to do business in this state;

[4]

Obligations of the United States of America; or

[5]

Any obligations fully guaranteed as to interest and principal by the United States of America, having a market value at least equal to the full cost of such improvements. If not delivered to the Town, such security shall be held in a Town account at a bank or trust company.

(d)

Term of security agreement. Any such performance bond or security agreement shall run for a term to be fixed by the Planning Board, but in no case for a longer term than three years; provided, however, that the term of such performance bond or security agreement may be extended by the Planning Board with consent of the parties thereto. If the Planning Board shall decide at any time during the term of the performance bond or security agreement that the extent of building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such security or that the required improvements have been installed as contemplated to an extent to warrant reduction in the amount of said security, and upon approval by the Town Board, the Planning Board may modify its requirements for any or all such improvements, and the amount of such security shall thereupon be reduced by an appropriate amount so that the reduced amount will cover the full cost of the amended list of improvements required by the Planning Board.

(e)

Default of security agreement. In the event that any required improvements have not been installed within the term of such security agreement, the Town Board may thereupon declare said performance bond or security agreement to be in default and collect the sum remaining payable thereunder; and upon the receipt of the proceeds thereof, the Town shall install such improvements as are covered by such security as are commensurate with the extent of building development that has taken place in the subdivision but not exceeding in cost the amount of such proceeds.

(3)

Maintenance bond. Where improvements are being dedicated to the Town, the subdivider shall submit a maintenance bond or other approved security to guarantee maintenance and repair of those improvements for 12 months from the date of dedication. The maintenance bond shall generally be a maximum of 15% of the costs of improvements, subject to approval of the Town Board, and may be waived or altered by the Town Board on the advice of the Town Engineer.

Final plat requirements for major subdivision. The final plat shall be drawn on Mylar. The plat shall be prepared on one or more sheets of a uniform size and scale. Final plat attachments and exhibits shall be numbered and labeled in accordance with the requirements of this section. The final plat submission shall include, in addition to the information required for the preliminary plat submission, the following:

(1)

The exact locations, widths and names of all streets within the subdivision.

(2)

Complete curve data for all curves shown on the plat.

(3)

Exact descriptions of all easements being provided for services or utilities in the subdivision and any limitations placed on the use of such easements.

(4)

Accurate outlines of any lots or areas to be reserved or dedicated for common use by residents of the subdivision or for any public use, with the purpose indicated thereon.

(5)

Building setback lines, shown graphically, with dimensions.

(6)

A final version of all covenants and restrictions, if any, the developer intends to impose in the subdivision. If no such restrictions or covenants are to be imposed, a statement to that effect shall be included.

(7)

The total tract boundary lines of the area being subdivided, with accurate distances to hundredths of a foot and bearings to one minute. These boundaries shall be determined by accurate survey in the field. The location and elevation of all boundary line (perimeter) monuments shall be indicated, along with a statement of the total area of the property being subdivided. In addition, the surveyor shall certify as to the accuracy of the survey, the drawn plat and the placement of the monuments.

(8)

Satisfactory evidence that all improvements have either been installed and approved, or that a performance guaranty has been submitted to and approved by the Town Board.

(9)

Complete final construction plans and profiles of installed or proposed public or community sanitary sewage disposal systems, with grades and pipe sizes.

(10)

Complete final construction plans of installed or proposed public water or community supply systems, showing pipe sizes and locations of valves and fire hydrants, if any.

(11)

Complete final construction plans and profiles of installed or proposed storm drainage systems, with grades and pipe sizes.

(12)

Evidence of actual agreements made with utility companies or agencies for supplying each lot in the subdivision with electric power and telephone service.

(13)

A key map, for the purpose of locating the site to be subdivided, at a scale of not smaller than 2,000 feet to one inch, showing the relation of the property to all streets, roads and municipal boundaries existing within 4,000 feet of the subdivision. United States Geological Survey quadrangle maps shall be the base for such a key map.

(14)

Approval blocks for the signature of the Chairman or other duly authorized member of the Town Planning Board shall appear on the first sheet of all set of plats, including the Mylars.

(15)

A statement that erosion and sedimentation control plan and stormwater management plan, if required by the Planning Board, have been prepared and were approved by the Town Engineer.

Approval of final plats.

(1)

Submission of final plats. Final plats shall conform to the definition provided by this section. Plats may require further review under SEQRA.

(2)

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 the 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 Secretary of the Planning Board.

(3)

Final plats 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 the approved preliminary plat, the following shall apply:

(a)

Planning Board as lead agency under SEQRA; public hearing; notice; decision.

[1]

Public hearing on final plats. The time within which the Planning Board shall hold a public hearing on such final plat shall be coordinated with any hearings the Planning Board may schedule pursuant to SEQRA, as follows:

[a]

Environmental impact statement not required. If the Planning Board determines that the preparation of an environmental impact statement is not required, the public hearing on a final plat not in substantial agreement with a preliminary plat shall be held within 62 days after the receipt of a complete final plat by the Secretary of the Planning Board; or

[b]

Environmental impact statement required. If the Planning Board determines that an environmental impact statement is required and a public hearing on the draft environmental impact statement is held, the public hearing on the final plat and the draft environmental impact statement shall be held jointly within 62 days after the filing of the notice of completion of such draft environmental impact statement in accordance with the provisions of SEQRA. If no public hearing is held on the draft environmental impact statement, the public hearing on the final plat shall be held within 62 days following filing of the notice of completion.

[2]

Public hearing; notice, length. The hearing on the final plat shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing if no hearing is held on the draft environmental impact statement or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such final plat. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.

[3]

Decision. The Planning Board shall make its decision on the final plat as follows:

[a]

Environmental impact statement is not required. If the Planning Board determines that the preparation of an environmental impact statement on the final plat is not required, 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; or

[b]

Environmental impact statement is required. If the Planning Board determines that an environmental impact statement is required and a public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of such public hearing in accordance with the provisions of SEQRA. If no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of the public hearing on the final plat. Within 30 days of the filing of the final environmental impact statement, the Planning Board shall issue findings on such final environmental impact statement and shall by resolution conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat.

[4]

Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.

(b)

Planning Board not as lead agency under SEQRA; public hearing; notice; decision.

[1]

Public hearing. The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the final plat jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement, or if no public hearing is held on the draft environmental impact statement, the Planning Board shall hold the public hearing on the final plat within 62 days after the receipt of a complete final plat by the Secretary of the Planning Board.

[2]

Public hearing; notice, length. The hearing on the final plat shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing if held independently of the hearing on the draft environmental impact statement or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such final plat. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.

[3]

[a]

If the preparation of an environmental impact statement on the final plat is not required, the Planning Board shall make its decision within 62 days after the close of the public hearing on the final plat.

[b]

If an environmental impact statement is required, the Planning Board shall make its decision on the final plat within 62 days after the close of the public hearing on such final plat or within 30 days of the adoption of findings by the lead agency, whichever period is longer.

[4]

Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.

Approval and certification of final plats.

(1)

Certification of plat. Within five business days of the adoption of the resolution granting conditional or final approval of the final plat, such plat shall be certified by the Secretary of the Planning Board as having been granted conditional or final approval and a copy of such resolution and plat shall be filed in such Secretary's office. A copy of the resolution shall be mailed to the owner. In case of a conditionally approved plat, such resolution shall include a statement of the requirements which when completed will authorize the signing thereof. Upon completion of such requirements the plat shall be signed by said duly authorized officer of the Planning Board and a copy of such signed plat shall be filed with the Town Clerk.

(2)

Approval of plat in sections. In granting conditional or final approval of a plat in final form, the Planning Board may permit the plat to be developed in two or more sections and may in its resolution granting conditional or final approval state such requirements as it deems necessary to ensure the orderly development of the plat be completed before said sections may be signed by the duly authorized officer of the Planning Board. Conditional or final approval of the sections of a final plat may be granted concurrently with conditional or final approval of the entire plat, subject to any requirements imposed by the Planning Board.

(3)

Duration of conditional approval of final plat. Conditional approval of the final plat shall expire within 180 days after the resolution granting such approval unless all requirements stated in such resolution have been certified as completed. The Planning Board may extend by not more than two additional periods of 90 days each, the time in which a conditionally approved plat must be submitted for signatures if, in the Planning Board's opinion, such extension is warranted by the particular circumstances.

Default approval of preliminary or final plat. The time periods prescribed herein within which a Planning Board must take action on a preliminary plat or a final plat are specifically intended to provide the Planning Board and the public adequate time for review and to minimize delays in the processing of subdivision applications. Such periods may be extended only by mutual consent of the owner and the Planning Board. In the event that the Planning Board fails to take action on a preliminary plat or a final plat within the time prescribed therefore after completion of all requirements under the State Environmental Quality Review Act, or within such extended period as may have been established by the mutual consent of the owner and the Planning Board, such preliminary or final plat shall be deemed granted approval. The certificate of the Town Clerk as to the date of submission of the preliminary or final plat and the failure of the Planning Board to take action within the prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required.

Filing of final plat; expiration of approval.

(1)

(a)

The signature of the duly authorized officer of the Planning Board constituting final approval by the Planning Board of a plat as herein provided; or

(b)

(c)

The certificate of the Town Clerk as to the date of the submission of the final plat and the failure of the Planning Board to take action within the time herein provided.

(2)