Whenever any subdivision of land is proposed to be made and before any contract for the 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 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 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 V, § 63-20, for the purposes of classification and preliminary discussion.
B. 
Discussion of requirements and classification.
(1) 
The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the requirements of this chapter for street improvements, drainage, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information.
(2) 
Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor or major subdivision as defined in this chapter. The Board may require, however, when it deems it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in Article III, §§ 63-5 and 63-9. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ 63-6, 63-7, 63-8, 63-9 and 63-10.
C. 
Study of sketch plan. The Planning Board shall determine whether the sketch plan meets the purposes of this chapter 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. 
Application and fee. Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a subdivision plat. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in Article V, § 63-21.
B. 
Number of copies. Five copies of the subdivision plat shall be presented to the Secretary of the Planing Board at least 10 days prior to a scheduled monthly meeting of the Planning Board.
C. 
Subdivider to attend Planning Board meeting. The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the subdivision plat.
D. 
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 which the application for plat approval, complete and accompanied by all data required by Article V, § 63-21, has been filed with the Secretary of the Planning Board.
E. 
Public hearing. The Planning Board may conduct a public hearing before acting on a subdivision plat. If required, a public hearing shall be held within 45 days from the time of submission of the subdivision plat for approval. Said hearing shall be advertised in a newspaper of general circulation in the town at least five days before such hearing.
[Amended 4-17-1989 by L.L. No. 2-1989]
F. 
Action on subdivision plat. The Planning Board shall, within 45 days from the date of the public hearing, if required, or of the date of submission of the subdivision plat if no public hearing is required, approve, conditionally approve with or without modification or disapprove the subdivision plat.
[Amended 4-17-1989 by L.L. No. 2-1989]
A. 
Application. 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 V, § 63-22, 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 V, § 63-22, of this chapter, except where a waiver may be specifically authorized by the Planning Board.
B. 
Number of copies. Five copies of the preliminary plat shall be presented to the Secretary of the Planning Board at least 10 days prior to a regular monthly meeting of the Planning Board.
C. 
Subdivider to attend Planning Board meeting. The subdivider or his 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 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 topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided and the requirements of the Master Plan, the Official Map and zoning regulations,[1] if such exists.
[1]
Editor's Note: See Ch. 84, Zoning.
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 which the application for conditional approval of the preliminary plat, complete and accompanied by all data required by Article V, § 63-22, has been filed with the Secretary of the Planning Board.
F. 
Public hearing. A public hearing shall be held by the Planning Board within 45 days from the time of submission of the subdivision plat for approval. Said hearing shall be advertised in a newspaper of general circulation in the town at least five days before such hearing.
G. 
Approval of the preliminary plat.
(1) 
Within 45 days after the time of public hearing on the preliminary plat, the Planning Board shall take action to approve, with or without modifications, or disapprove such preliminary plat, and the ground of any modification required or the ground for disapproval shall be stated upon the records of the Planning Board. Failure of the Planning Board to act within such forty-five-day period shall constitute conditional approval of the preliminary plat.
(2) 
When granting approval with modifications to a preliminary plat, the Planning Board shall state the conditions of such approval, if any, with respect to the specific changes which it will require in the preliminary plat; 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 the amount of improvement or the amount of all bonds therefor which it will require as prerequisite to the approval of the subdivision plat. 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) 
Approval with modifications of a preliminary plat shall not constitute approval of the subdivision plat, but rather it shall be deemed an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the first plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of this chapter and the conditions of the approval with modifications, 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 hearing.
A. 
Application for approval. The subdivider shall, within six months after the 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 Secretary of the Planning Board. If the final plat is not submitted within six months after the approval of the preliminary plat, the Planning Board may refuse to approve the final plat and require resubmission of the preliminary plat.
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 [one copy in ink on linen] 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 which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by Article V, § 63-23, has been filed with the Secretary of the Planning Board.
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 State of New York Department of Health. Applications for approval of plans for sewer or water facilities will be filed by the subdivider with all necessary town, county and state agencies. Endorsement and approval by the State of New York Department of Health shall be secured by the subdivider before official submission of the subdivision plat.
E. 
Public hearing. A public hearing shall be held by the Planning Board within 45 days after the time of 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.
F. 
Action on proposed subdivision plat. The Planning Board shall, within 45 days from the date of the public hearing on the subdivision plat, if one is held, or within 45 days of receipt of final plat if public hearing is waived, approve, conditionally approve, with or without modifications, 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 complied with the provisions of § 63-8 of this Article.
A. 
Improvements and performance bond (if required).
(1) 
Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1)(a) or Subsection A(1)(b) below:
(a) 
In an amount set by the Planning Board, the subdivider shall file with the Town Clerk either a certified check to cover the full cost of the required improvements 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, further, shall be satisfactory to the Town Board and 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.
(b) 
The subdivider shall complete all required improvements to the satisfaction of the Town Building Inspector, 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 Building Inspector. Any such bond shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution and surety.
(2) 
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Building Inspector 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(1) (b), 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)(a), such bond shall not be released until such a 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 the Town Building Inspector that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town Building Inspector may, upon approval by a previously delegated member of the Planning Board, authorize modifications, provided 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 Building Inspector 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. 
Inspection prior to construction. At least five days prior to commencing construction of required improvements, the subdivider shall notify the Town Board in writing of the time when he 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.
D. 
Proper installation of improvements. If the Town Building Inspector 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 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 §§ 63-7 and 63-8 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 (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 30 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 the 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. 
Public acceptance of streets. 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.
Whereas pursuant to resolution of the Town Board, the Planning Board is empowered to modify applicable provisions of the Zoning Ordinance[1] in accordance with the provision of § 281 of the Town Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of open lands, the following shall be the procedure and standards:
A. 
Request by subdivider. A subdivider may request the use of § 281 simultaneously with or subsequent to presentation of the sketch plan as per procedure described in Article III. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plat review.
B. 
Sketch plat. A subdivider shall present, along with a proposal in accordance with the provisions of § 281, a standard sketch plat which is consistent with all the criteria established by these subdivision regulations, including but not limited to streets being consistent with the street specifications and lots being consistent with the Zoning Ordinance.[2]
[2]
Editor's Note: See Ch. 84, Zoning.
C. 
Park, recreation, open space or other municipal purposes. If the application of this procedure results in a plat showing land available for park, recreation, open space or other municipal purposes directly related to the plat, then such conditions as to ownership, use and maintenance of such lands as are necessary to assure the preservation of such lands for their intended purposes shall be set forth by the Planning Board.
D. 
Plat submission. Upon determination that such sketch plat is suitable for the procedures under § 281 and subsequent to the resolution authorizing the Planning Board to proceed, a preliminary plat meeting all of the requirements of the resolution shall be presented to the Planning Board and shall be subject to its review and the public hearings and all other requirements of this chapter.
E. 
Filing; notation on Zoning Map. Upon the filing of a plat in the office of the County Clerk in which § 281 has been used, the subdivider shall file a copy with the Town Clerk, who shall make appropriate notations and reference thereto in the Town Zoning Ordinance Map. The Secretary of the Planning Board shall notify the Building Inspector when such a plat is filed.
[1]
Editor's Note: See Ch. 84, Zoning.