Whenever any subdivision of land is proposed to be made and before any contracts 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 erection of a structure in such proposed subdivision shall be granted, the subdivider or his authorized agent shall apply, in writing, for approval of such proposed subdivision in accordance with the following procedure:
A. 
Preapplication meeting with Planning Board.
B. 
Sketch plan showing general concept.
C. 
Preliminary plat showing proposal in detail, accompanied by filing fees, per § 93-13.
D. 
Review by non-Town agencies.
E. 
Public hearing on preliminary plat.
F. 
Planning Board action on preliminary plat.
G. 
Final plat submission and review.
H. 
Public hearing on final plat.
I. 
Planning Board action by resolution.
J. 
Completion of improvements or posting of bond, certified checks or suitable alternative surety.
K. 
Planning Board signs plat.
L. 
Plat is filed in County Clerk's office.
Before preparing a detailed proposal, the subdivider should make an appointment at a regular meeting of the Planning Board to familiarize himself with the requirements of this chapter and other regulations, the policies and plans of the Planning Board and other information that may be pertinent to the subdivision. He should also discuss his proposal with the County Health Department, which is responsible for the adequacy of lot sizes and facilities for water supply and sewage disposal. Under certain conditions, the subdivider may also need the approval of the state or county highway agencies, the State Department of Environmental Conservation, the Ulster County Planning Board and others; therefore, the proposed subdivision should be discussed in advance with these agencies.
Prior to filing a preliminary plat, the subdivider or his duly authorized representative shall submit a sketch plan showing a basic proposed layout and other information required in § 93-30 of this chapter. At least two copies of this sketch plan shall be delivered to the Clerk or other authorized official of the Planning Board at least 10 days before the next scheduled Board meeting. After submission of the sketch plan, the Planning Board may schedule a field trip to the site, to be accompanied by the subdivider. To facilitate the inspection of the site, the subdivider shall have the center line of any proposed streets marked by temporary stakes. After review of the sketch plan and field inspection, but within 45 days of the official date of submission of the sketch plan, the Planning Board will tentatively approve the sketch plan or recommend modifications in writing.
[Amended 5-20-1987 by L.L. No. 4-1987]
A preliminary plat shall then be prepared and submitted, showing in detail how the subdivision is to be designed, the details of construction, any proposed covenants and other items required in §§ 93-30 and 93-31. A public hearing shall be held within 45 days after the receipt of the preliminary plat by the Clerk of the Planning Board. Such hearing shall be advertised by the applicant at least once in the official Town newspaper at least five days before such hearing. Such notice shall conform to Planning Board specifications. The Planning Board shall act, in writing, within 45 days of the hearing, to approve, with or without modification, or disapprove the preliminary plat. This period may be extended by mutual consent of the owner and the Planning Board. Failure of the Planning Board to act within 45 days shall constitute approval.
A. 
Review by other agencies. Where review is required by other agencies, such as the Ulster County Health Department, tentative written recommendations of these agencies shall be filed by the subdivider with the Planning Board.
B. 
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, the relation of the topography of the land, water supply, sewage disposal and drainage, lot sizes, shape and arrangement, the future development of adjoining lands as yet unsubdivided and the requirements of the Town Development Plan and Zoning Regulations[1] and other matters enumerated in § 277 of the Town Law.
[1]
Editor's Note: See Ch. 110, Zoning.
C. 
Applicant to attend Planning Board meeting. The subdivider shall be prepared to attend a regular meeting of the Planning Board to discuss the preliminary plat and the Planning Board's tentative conclusions.
D. 
Approval of the preliminary plat. Approval, with or without modification, shall be noted on two copies of the preliminary plat, referenced and attached to any statement of conditions. One copy shall be returned to the applicant and one copy shall be retained by the Planning Board. The ground of a modification, if any, or the ground for disapproval shall be stated upon the records of the Planning Board. Within five days of the approval of the preliminary plat, it shall be certified by the Clerk of the Planning Board as granted preliminary approval, and a copy shall be filed in his office and a certified copy shall be mailed to the owner or owners.
E. 
The notice of hearing for the preliminary hearing and the final hearing, if applicable, shall be posted to the owners of record of all real property located within 500 feet of any boundary of the premises described by the notice as being the subject of the subdivision application, within five days of the date for the scheduled commencement of the hearing, by certified mail, with return receipts being filed with the Board prior to the hearing.
[Added 6-7-2006 by L.L. No. 2-2006]
A. 
Within six months after the approval of the preliminary plat, the subdivider shall file the plat in final form with the Planning Board, accompanied by required fees and information required in § 93-32. If the final plat and accompanying materials are not submitted within six months, approval of the preliminary plat may be revoked by the Planning Board. Within 45 days of the submission of a plat in final form for approval by the Planning Board, a hearing shall be held by the Planning Board, which hearing shall be advertised at least once in the official Town newspaper at least five days before such hearing; provided, however, that when a Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § 93-13 and modified in accordance with requirements of such approval if such preliminary plat has been approved with modification, the Planning Board may waive the requirement for such public hearing.
[Amended 5-20-1987 by L.L. No. 4-1987]
B. 
In the event the requirements of § 93-16 of this chapter or other conditions set forth by the Planning Board are not complete at the time of submission of the final plat, the Planning Board may conditionally approve the final plat. Upon completion of such requirements, the plat shall be signed by the duly authorized officer of the Planning Board as specified in § 93-18A. 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. The Planning Board may extend this time up to two additional ninety-day periods.
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 45 days of its receipt by the Clerk of the Planning Board if no such hearing is held or, in the event such hearing is held, within 45 days after the date of such hearing. Notwithstanding the foregoing provisions of this chapter, the time in which a Planning Board must take action on such a plat may be extended by mutual consent of the owner and the Planning Board. In the event that a Planning Board fails to take action on a final plat within the time prescribed therefor, the plat shall be deemed approved, and a certificate of the Town Clerk as to the date of submission and the failure to take action within such prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required.
Such approval shall be conditional, however, and not deemed final until the subdivider has complied with the following provisions:
A. 
The subdivider will be required to file with the Town a performance bond for the required improvements in an amount estimated by the Engineer or the Town Superintendent of Highways and approved by the Board and satisfactory to the Town Attorney as to form, sufficiency, manner of execution and surety and § 277 of the Town Law. If the bond is not filed within 45 days of the conditional approval granted in § 93-14, the plat shall be deemed disapproved. Said bond must contain a clause worded substantially as follows: "The principal agrees that if he shall well and truly make and completed the improvements to the land covered by the subdivision in accordance with the rules and regulations of the Planning Board and the minimum standards for the establishment of new Town roads, as certified by the Town Superintendent of Highways, within one year from the date of submission of the final plat, then the obligation of the surety is to be null and void; otherwise to remain in full force and effect after said term."
B. 
Receipt of notification from the Town Superintendent of Highways that all new roads are built to required standards and have been accepted.
Prior to granting conditional or final approval of a plat in final form, the Town Planning Board may permit the plat to be subdivided into two or more sections and may, in its resolution granting conditional or final approval, state that such requirements as it deems necessary to ensure the orderly development of the plat are completed before such sections may be signed by the duly authorized officer of the Planning Board. Conditional or final approval of the sections of a final plat subject to any conditions imposed by the Board shall be granted concurrently with conditional or final approval of the plat. Any section shall encompass at least 10% of the total number of lots shown on the plat.
A. 
Upon receipt of notification from the Town Attorney that a satisfactory bond has been filed, the Chairman of the Planning Board will stamp the final plat as conditionally approved by the Board, and the same must be recorded in the office of the County Clerk. Such approval in no way accepts the streets as public streets.
B. 
The approval of the Planning Board, as evidenced by the signed plat, will expire within 30 days of signing, unless such plat shall have been duly filed or recorded by the owner in the office of the County Clerk or unless an application for an extension of the time is made, in writing, during said thirty-day period to the Planning Board and granted.
A. 
The subdivider shall file the plat in the County Clerk's office and obtain the County Map file number. He shall enter the number and date of filing on three black- or blue-lines-on-white-paper prints and deliver them to the Chairman of the Planning Board.
B. 
Upon receipt of the prints and written notice and verification from the County Clerk's office that the final plat has been filed, the Chairman will deliver one print to the Town Board for its file, and one print shall be retained by the Planning Board for its file.
A. 
All subdivision plats shall be clearly drawn on linen or canvas-backed paper using black waterproof ink. Such plats shall be at a convenient scale of no more than 100 feet to the inch and shall be submitted on uniform sheets not larger than 36 inches by 48 inches. Where more than one sheet is required, a scale map showing the entire subdivision on one sheet shall be submitted.
B. 
The subdivider shall submit to the Planning Board one transparency which will be filed with the County Clerk, one transparent sepia-type copy for the records of the Planning Board and three prints.
[Amended 5-20-1987 by L.L. No. 4-1987]
Each application must be accompanied by a fee as established from time to time by resolution of the Town Board, such fee to be paid to the Town Clerk.