Application for approval of a final plat shall be on a form provided by the Village and submitted in writing to the Board at least 10 days prior to the meeting at which it is to be considered, together with a mylar reproducible original and six copies of the final plat, together with six copies of the plans for improvements required by Article X and all other items required by this chapter, including formal offer of cession in form required by § 95-88B. Final plats shall conform to all applicable requirements of Article VIII of the chapter. All final plats shall be clearly marked "final plat."
Proposed water supply and sewerage service facilities
in the subdivision shall be approved by the New York State Department
of Health, pursuant to §§ 1115 through 1119 of the
Public Health Law as presently constituted or hereafter amended, or
by the Suffolk County Department of Health in lieu thereof, and by
any water, water supply, drainage, improvement or sewer district having
jurisdiction. Application for approval of plans for water supply and
sewerage facilities may be filed with the Suffolk County Department
of Health. Endorsement of approval shall be obtained by the subdivider
upon the mylar reproducible original and six prints and submitted
to the Board with the application for approval of the final plat.
[Amended 2-8-2005 by L.L. No. 1-2005]
A.
Final plats in substantial agreement with approved
preliminary plats. When a final plat is submitted which the Planning
Board deems to be in substantial agreement with a preliminary plat
approved pursuant to this chapter, 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
the time period set forth in Village Law § 7-728(6).
B.
Final plats not in substantial agreement with approved
preliminary plats.
(1)
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 chapter, the Planning Board shall conduct a public hearing within the time period set forth in Village Law § 7-728(6). Such hearing shall be advertised in the official Village newspaper at least 10 days prior to such hearing. Copies of the preliminary plat and plans for improvements required by Article X shall be made available by the Clerk of the Planning Board during regular business hours for public inspection by any interested party prior to the hearing.
(2)
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 the time period set
forth in Village Law § 7-728(6). The grounds for modification,
if any, or the grounds for disapproval, shall be stated on the record
of the Planning Board. The period in which the Planning Board must
take action on such final plat may be extended by mutual consent of
the subdivider and the Planning Board.
(3)
Final plats not in substantial agreement with approved
preliminary plats may require further review under the State Environmental
Quality Review Act.
C.
Final plats when no preliminary plat is required to
be submitted.
(1)
In most instances the Planning Board will require submission of a preliminary plat, but when no preliminary plat is required to be submitted the plat submitted by the subdivider shall be clearly marked "final plat" and shall conform to the definition in § 95-5 and the requirements of Article VIII of this chapter. A copy shall be forwarded to the Suffolk County Planning Commission as provided for under § 239-n of the General Municipal Law.
(2)
When no preliminary plat is required to be submitted,
a final 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 the State Environmental Quality Review Act. The time periods for
review of such plat shall begin upon the filing of such negative declaration
or notice of completion.
(3)
Upon receipt of a complete final plat, the Planning Board shall conduct a public hearing within the time period set forth in Village Law § 7-728(6). Such hearing shall be advertised in the official Village newspaper at least 10 days prior to such hearing. Copies of the final plat and plans for improvements required by Article X shall be made available by the Clerk of the Planning Board during regular business hours for public inspection by any interested party prior to the hearing.
(4)
The Planning Board shall by resolution conditionally
approve, with or without modification, disapprove or grant final approval
and authorize the signing of the final plat within the time period
set forth in Village Law § 7-728(6). The grounds for modification,
if any, or the grounds for disapproval shall be stated in the record
of the Planning Board. Notwithstanding the foregoing provisions, the
period in which the Planning Board must take action on such plat may
be extended by mutual consent of the subdivider and the Planning Board.
All covenants shall be indicated on the final plat prior to signing.
[1]
Editor's Note: Former § 95-48, Final
plats which are not in substantial agreement with approved preliminary
plats, was repealed 2-8-2005 by L.L. No. 1-2005.
[1]
Editor's Note: Former § 95-49, Final
plats when no preliminary plat is required, was repealed 2-8-2005
by L.L. No. 1-2005.
[Amended 2-8-2005 by L.L. No. 1-2005]
In the event that the Planning Board fails to
take action on a final plat within the time prescribed by Village
Law § 7-728(6) and after completion of all requirements
under the State Environmental Quality Review Act, or within such extended
period as may be established by the mutual consent of the subdivider
and the Planning Board, the plat shall be deemed approved, and a certificate
of the Village Clerk as to the date of submission and the failure
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.
A.
Certification of plat. Upon resolution granting conditional approval of a final plat, the Board shall empower the Chairman of the Board, or a duly authorized officer, to sign the plat subject to completion of any requirements as may be stated in the resolution. Within five days of such resolution the plat shall be certified by the Village Clerk as conditionally approved and a copy of said resolution filed in such Clerk's office. A copy of the resolution shall be mailed to the subdivider, which copy shall include a statement of such requirements which when completed will authorize the signing of the conditionally approved plat. All covenants shall be indicated on the final plat and recorded as per § 95-52B prior to signing.
B.
Duration of approval. Upon completion of all such
requirements, the plat shall be signed by the Chairman of the Board
or duly authorized officer. Conditional approval of a final plat shall
expire within 180 days after the date of the resolution granting conditional
approval unless such requirements have been certified as completed.
C.
Extension of time. Notwithstanding the foregoing provisions
of this section, the Board may extend the time in which a conditionally
approved plat in final form must be submitted for signature if, in
its opinion, such extension is warranted by the particular circumstances
thereof, which time shall not exceed two additional periods of 90
days each.
A.
Approval of the final plat by the Planning Board shall be evidenced by the signing thereof. When all conditions have been satisfied whether by performance or by furnishing the appropriate bond in accordance with § 95-75 of this chapter, approval of the Board shall be noted on the mylar reproducible original by the signature of the Chairman or duly authorized officer. The signed mylar reproducible original of the final plat shall be returned to the subdivider for filing as hereinafter provided in § 95-53. Two complete mylar copies of the plat shall be retained by the Board.
B.
The Chairman shall not sign the plat until all covenants
required for final approval have been recorded in the office of the
Suffolk County Clerk and a copy of all such covenants has been received
from the Suffolk County Clerk. The subdivider is responsible for recording
the covenants and shall bear all expenses for recording the same.
C.
No changes, erasures, modifications or revisions shall
be made in any final plat after approval has been granted by the Board
and the plat signed. In the event that any final plat, when filed
in the Suffolk County Clerk's Office, contains any such changes, the
plat shall be considered null and void and the Board shall institute
proceedings to have said plat stricken from the records of the Suffolk
County Clerk. Any erasures made on the plat prior to its signing shall
be initialed by the Chairman of the Board or the duly authorized officer
at the time of signing.
[Amended 2-8-2005 by L.L. No. 1-2005]
A.
In accordance with the Village Law and the requirements
of the Suffolk County Clerk, the subdivider shall file with the Suffolk
County Clerk one Mylar reproducible original of the final plat, bearing
all required signatures thereon, and five Mylar copies thereof, and
shall comply with all requirements of the Suffolk County Clerk with
respect to such filing within the time period set forth in Village
Law § 7-728(11). The approved plat shall expire unless such
plat shall have been timely filed by the subdivider in the office
of the Suffolk County Clerk.
B.
Such endorsement shall stipulate that the plat does
not conflict with the county official map, where one exists or, in
cases where plats do front on or have access to or are otherwise related
to roads or drainage systems shown on the county official map, that
such plat has been approved in the manner specified by § 239-k
of the General Municipal Law.
Within 30 days after filing with the Suffolk
County Clerk, the subdivider shall deliver one mylar reproducible
original of the final plat, containing the certification of the Suffolk
County Clerk evidencing such filing, to the Clerk of the Planning
Board of the Town of Brookhaven and shall deliver four such certified
mylar reproducible originals to the Old Field Village Clerk.
The owner of an approved subdivision may abandon
such subdivision pursuant to the provisions of § 560 of
the Real Property Tax Law.
