[Amended 3-10-1988 by L.L. No. 1-1998]
A.
All final subdivisions plats and application, together with all required
supporting data, shall be submitted to the Zoning Enforcement Officer,
who shall act as the official administrative officer of the Planning
Board. After such a submission, a public hearing shall be held on
the plat by the Planning Board, after which the Planning Board shall
determine the conformity of the final plat with these regulations
and shall thereupon approve, modify and approve or disapprove such
plat.
B.
Prior to the submission of the final subdivision plat, the subdivider
may submit both a sketch plat and a preliminary plat to the Planning
Board. The purpose of the submission of these plats shall be for the
convenience of the subdivider and for the purpose of assisting the
subdivider in meeting the requirements of these regulations at a minimum
expense and cost and with maximum practical convenience.
[Amended 3-10-1988 by L.L. No. 1-1998]
All plats, applications and supporting data shall be submitted
to the Zoning Enforcement Officer who shall check their compliance
with these regulations. The Zoning Enforcement Officer shall then
take any action required under these regulations and shall transmit
the plats to the Planning Board for review and action, the official
date of the submission shall in all cases be recorded as the next
regular scheduled meeting date of the Planning Board after receipt
by the Zoning Enforcement Officer.
A.
Sketch plat. The subdivider may submit two copies of a sketch plat and supporting data in accordance with the requirements of Article IV. This plat shall be for the purpose of establishing, in advance, the overall objectives of the subdivider, the extent to which the proposed subdivision conforms to the design standards and other provisions of these regulations and to determine any possible problems which will require special action on the part of the Planning Board or the subdivider. The Planning Board shall act on such plat and shall transmit a record of its action in writing to the subdivider within 30 days after the official date of submission.
B.
Preliminary plat.
(1)
The subdivider may submit eight copies of a preliminary plat and supporting data in accordance with the requirements of Article IV. The purpose of this plat shall be to establish more precisely the overall proposed layout of the subdivision, its conformance with the design standards and the proposed physical improvements which will be required to be installed by the subdivider or which may be waived by the Planning Board, and to further establish the overall conformance of the subdivision with these regulations. A public hearing shall be held within 45 days of the submission of the preliminary plat. Five days' notice of the public hearing shall be given. The Planning Board shall then act on such a plat and transmit a record of its action in writing to the subdivider within 45 days after the public hearing.
(2)
The action taken by the Planning Board shall be in the form of a
conditional approval or of a disapproval and shall include a statement
on any waivers granted for any required public improvements. The conditional
approval of the Planning Board shall serve as a guide to the subdivider
for the preparation of the final subdivision plat. Such conditional
approval may not be revoked by the Planning Board unless a substantial
change in information concerning the plat or the character of the
area takes place. However, the conditional approval shall expire within
six months if a final plat is not submitted, unless an extension of
such a conditional approval is granted by the Planning Board.
C.
Final plat.
(1)
The subdivider shall submit eight copies of a final plat and all supporting data in accordance with the requirements of Article IV. Such a plat shall conform to the requirements of these regulations and shall incorporate all recommendations contained in any conditional approval of a preliminary plat, except that the subdivider may submit only a section of the preliminary plat which he proposes to develop and record at any one time.
(2)
The Planning Board shall arrange for a public hearing on the final
plat within 45 days after its official date of submission. The Planning
Board may waive the final plat hearing requirements if the final plat
is deemed to be in substantial agreement with the conditionally approved
preliminary plat and modified in accordance with the requirements
of such approval if such preliminary plat was approved with modifications.
Within 45 days after the public hearing, the Planning Board shall
approve, modify and approve or disapprove the final plat. After the
approval of the final plat, the Planning Board shall endorse its approval
on two copies of the plat and shall return one such endorsed copy
to the subdivider. In the event of disapproval, the subdivider shall
be notified in writing, with the reasons for disapproval stated.
(3)
After the public hearing but prior to granting final approval, the
Planning Board may permit the final plat to be subdivided into two
or more sections and may approve such sections concurrently with the
approval of the final plat.
D.
Recording of approved final plat.
(1)
The approval of the final plat or of an approved section of the final
plat shall expire in 60 days if such final plat or section shall not
have been filed or recorded by the subdivider in the office of the
County Clerk.
(2)
If the subdivider elects to file only a section of an approved final
plat within the sixty-day period, the section shall encompass at least
10% of the total number of lots contained in the approved final plat
and the approval of the remaining section shall expire unless recorded
within a three-year period. In the event that the subdivider does
not record all of the approved sections within the sixty-day period,
then the entire final plat shall be filed with the Town Clerk within
30 days of the recording of any section at the office of the County
Clerk.
[Amended 3-10-1988 by L.L. No. 1-1998]
The Zoning Enforcement Officer shall be appointed by the Town
Board, and he shall act as the administrative officer of the Planning
Board with regard to the administration of these regulations. The
Zoning Enforcement Officer shall receive and examine all subdivisions
in the name of the Planning Board and shall refer copies of all such
plats and applications to appropriate departments of the Town, village,
county or state or to any private companies or engineers involved.
The Zoning Enforcement Officer shall receive information from such
departments, individuals and agencies and shall transmit these comments
to the Planning Board. The Zoning Enforcement Officer shall also keep
records of all applications and plats and of actions taken by the
Planning Board on such applications and plats. The Zoning Enforcement
Officer shall make or cause to be made all required inspections and
shall perform all other duties called for in these regulations. The
Zoning Enforcement Officer shall also inform the subdivider and the
Planning Board of any violations of these regulations which become
known to him.
[Amended 3-10-1988 by L.L. No. 1-1998]
The Planning Board shall review all plats to determine conformity
with these regulations and shall hold public hearings on all final
plats and shall approve, modify and approve or disapprove all plats
submitted and shall grant any necessary modifications, variances or
waivers and shall perform all other duties required under these regulations.
The Planning Board may grant the following modifications and
variances, subject to such conditions as will, in its judgment, secure
substantially the objectives of the standards or requirements so varied
or modified:
A.
Modification of plat requirements for small subdivisions. In the case of a small subdivision, the final plat requirements may be waived by the Planning Board as specified in § 93-23.
[Amended 3-10-1988 by L.L. No. 1-1998]
B.
Large-scale and cluster developments. The standards and requirements
of these regulations may be modified by the Planning Board in the
case of plans for complete communities or neighborhood units or cluster-type
developments, as may be permitted in the Zoning Ordinance,[1] or other large-scale developments which, in the judgment
of the Planning Board, achieve substantially the objectives of the
regulations contained herein and which are further protected by such
covenants or other legal provisions as will assure conformity with
and achievement of the plat.[2]
[Amended 3-10-1988 by L.L. No. 1-1998]
C.
Modification of required improvements. The Planning Board may, subject to appropriate conditions, waive the provisions of any or all of the required improvements specified in Article III which, in its opinion, are not required in the interest of the public health, safety and general welfare or which are inappropriate because of the inadequacy of connecting facilities.
D.
Procedure for applying. Applications for modifications and variances
shall be submitted in writing by the subdivider at the time the preliminary
plat or final plat is filed with the Planning Board. The application
shall state fully the grounds and all the facts relied upon by the
applicant.
[Amended 3-10-1988 by L.L. No. 1-1998]
[Amended 6-21-1986 by L.L. No. 9-1986; 3-10-1988 by L.L. No. 1-1998]
Any person violating any provision of this chapter or who shall
violate or fail to comply with any order or regulation made hereunder,
or who shall build in violation of any statement, specification or
plat submitted hereunder, or who shall violate any permit or certificate
of occupancy issued hereunder, or who shall continue to work upon
any structure after service of notice in writing by the Zoning Enforcement
Officer of the municipality to desist therefrom, shall forfeit and
pay a fine not to exceed $350; for a second violation with five years,
the minimum fine shall be $350 and the maximum fine shall be $700;
and for a third or subsequent violation within five years, the minimum
fine shall be $700 and the maximum fine shall be $1,000. In addition
thereto or in place of the said fine, a violation may also be punished
by a penalty of imprisonment for a period of up to six months pursuant
to § 268, Subdivision 1, of the Town Law. Each week's
continued violation shall constitute a separate, additional offense.
Service of the notice shall be sufficient if directed to the owner,
agent of the owner or the contractor and left at his last known place
of business or residence, if within the municipality; and if no place
of business or residence can be found, then the notice shall be served
by posting in a conspicuous place on the premises which are the subject
of the violation.
[Amended 3-10-1988 by L.L. No. 1-1998]
Any subdivider aggrieved by a finding, decision or recommendation
of the Planning Board or the Zoning Enforcement Officer may request
and receive opportunity to appear before that Board, present additional
relevant information and request reconsideration of the original finding,
decision or recommendation.
These regulations may, from time to time, be revised, modified
or amended as prescribed by local and state laws.
[Amended 3-10-1988 by L.L. No. 1-1998]
The Planning Board shall keep a record of its findings, decisions
and recommendations relative to all subdivision plats filed with it
for review and shall also keep a record of its actions and the grounds
for granting a modification or variance.
In the interpretation and the application of the provisions
of these regulations, said provisions shall be held to be the minimum
requirements for the promotion of the health, safety, morals and general
welfare. In general, the provisions contained herein shall apply to
the residential subdivisions. Standards applying to the commercial
and industrial subdivisions shall be subject to individual review
and determination in each case.
[Amended 3-10-1988 by L.L. No. 1-1998]
Fees shall be paid to the Town Clerk and credited to the Town
general fund at the time of the filing of the preliminary plat. Fees
shall be as set forth from time to time by resolution of the Town
Board.
