Whenever any subdivision of land is proposed to be made, and before
any contract for sale of or any offer to sell any lots in such subdivision
or any part thereof is made, and before any permit for the erection of a structure
in such proposed subdivision shall be granted, the subdivider or his or her
duly authorized agent shall apply in writing for approval of such proposed
subdivision in accordance with the following procedures.
A.
Submission of sketch plan. Any owner of land contemplating any subdivision 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 plan of the proposed subdivision which shall comply with the requirements of Article IV, § 154-19, for the purposes of classification and preliminary discussion.
B.
Discussion of requirements and classification.
(1)
The subdivider, or his or her duly authorized representative,
shall attend the meeting of the Planning Board to discuss the requirements
of zoning, street improvements, drainage, sewerage, water supply, fire protection
and similar aspects, as well as the availability of existing services and
other pertinent information.
C.
Study of sketch plan. The Planning Board shall determine
whether the sketch plan meets the purposes of these regulations and shall,
where it deems it necessary, make specific recommendations in writing to be
incorporated by the applicant in the next submission to the Planning Board.
A.
Number of copies. Five copies of the subdivision plat
shall be presented to the Secretary of the Planning Board at least 10 days
prior to scheduled monthly meeting of the Planning Board.
B.
Subdivider to attend Planning Board meeting. The subdivider,
or his or her duly authorized representative, shall attend the meeting of
the Planning Board to discuss the subdivision plat.
C.
When 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 this meeting, an application for plat approval, complete and accompanied by the required nonrefundable fee as provided for in the fee schedule available in the office of the Town Clerk and all data required by Article IV, § 154-20 of these regulations, shall be filed at the office of the Town Clerk.
D.
The Planning Board shall follow the procedures of Town
Law § 276, Subdivision 6, to approve, approve with conditions or
disapprove the subdivision plat.
A.
Application and fee.
(1)
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 Article IV, § 154-21 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 Article IV, § 154-21 of these regulations, except where a waiver may be specifically authorized by the Planning Board.
(2)
The application for conditional approval of the preliminary
plat shall be accompanied by a nonrefundable fee in accordance with the current
fee schedule available in the office of the Town Clerk.
B.
Number of copies. Five copies of the preliminary plat
shall be delivered to the office of the Town Clerk at least 10 days prior
to the regular monthly meeting of the Planning Board.
C.
Subdivider to attend Planning Board meeting. The subdivider,
or his or her duly authorized representative, shall attend the meeting of
the Planning Board to discuss the preliminary plat.
D.
Study of preliminary plat. The Planning Board shall study
the practicability of the preliminary plat, taking into consideration the
zoning requirements, 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 size and arrangement, the future
development of adjoining lands as yet unsubdivided and the requirements of
the Comprehensive Plan, the Official Map and zoning regulations, if such exist.
E.
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 this meeting, an application for conditional approval of the preliminary plat, complete and accompanied by the required nonrefundable fee as provided for in the schedule available in the office of the Town Clerk and all data required by Article IV, § 154-21 of these regulations must be filed with the office of the Town Clerk.
F.
The Planning Board shall follow the procedures of Town
Law § 276, Subdivision 5, to approve, approve with conditions or
disapprove the preliminary plat.
G.
Conditional approval of the preliminary plat.
(1)
When granting conditional approval to a preliminary plat,
the Planning Board shall state the conditions of such approval, if any, with
respect to:
(a)
Compliance with zoning regulations;
(b)
The specific changes which it will require in the preliminary
plat;
(c)
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;
and
(d)
The amount of improvement or the amount of all bonds
which it will require as a prerequisite to the approval of the subdivision
plat.
(2)
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 retained by the Planning
Board and one forwarded to the Town Board.
(3)
Conditional approval of the preliminary plat shall not
constitute approval of the subdivision plat. Rather it shall be deemed an
expression of approval by the Planning Board of the design submitted and a
guide to the preparation of the final plat and for recording upon fulfillment
of the requirements of these regulations and the conditions of the conditional
approval, if any. Prior to approval of the subdivision plat, the Planning
Board may require additional changes as a result of further study of the subdivision
in final form or as a result of new information obtained at the public hearings.
A.
Application for approval and fee. 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
plat in final form, using the approved application blank available from the
Town Clerk. All applications for final plat approval for a major subdivision
shall be accompanied by a fee as indicated in the fee schedule available in
the office of the Town Clerk. If the final plat is not submitted with 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, or such time requirement may be waived in extenuating circumstances
by the Planning Board.
B.
Number of copies. A subdivider intending to submit a
proposed subdivision plat for the approval of the Planning Board shall provide
the Secretary of the Board with a copy of the application and three copies
(on reproducible material) of the plat, the original and one true copy of
all offers of cession, covenants 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.
C.
When 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 this meeting, an application for approval of the subdivision plat, complete and accompanied by the required nonrefundable fee as provided for in the fee schedule available in the office of the Town Clerk and all data required by Article IV, § 154-22 of these regulations shall be filed in the office of the Town Clerk.
D.
Endorsement of state and county agencies. Water and sewer
facility proposals contained in the subdivision plat shall be properly endorsed
and approved by the New York State Department of Environmental Conservation
and/or New York State Department of Health. Applications for approval of plans
for sewer and water facilities must be filed by the subdivider with all necessary
Town, county and state agencies. Endorsement and approval by the New York
State Department of Environmental Conservation and/or New York State Department
of Health, when necessary, shall be secured by the subdivider before official
submission of the subdivision plat.
E.
The Planning Board shall follow the procedures of Town
Law § 276, Subdivision 6, to approve, approve with conditions or
disapprove the subdivision plat.
A.
Improvements and performance bond. Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1) or Subsection A(2) below:
(1)
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 shall be satisfactory to the 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.
(2)
The subdivider shall complete all required improvements
to the satisfaction of the Town Engineer, who shall file with the Planning
Board a letter signifying the 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 Engineer. Any such bond shall be satisfactory
to the Town Board and Town Attorney as to form, sufficiency, manner of execution
and surety.
B.
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 location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(2), 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), such bond shall not be released until such a map is submitted.
C.
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 the Town Engineer 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.
D.
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 the subdivider 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.
E.
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, the Town Engineer shall so report to the Town Board, Code Enforcement
Officer 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.
Final approval and filing. Upon completion of the requirements in §§ 154-8 and 154-9 above and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Planning Board (Chairperson or Acting Chairperson) and shall be filed by the applicant 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.
B.
Plat void if revised after approval. 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 modification. 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.
Public acceptance of streets.[1] The approval by 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 other open space shown on such subdivision plat.
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.
