[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]
[1]
Editor's Note: See Ch. 106, Zoning.
[2]
Editor's Note: Former Sections 6.402, Area Variances, and 6.403, Use Variances, which immediately preceded this subsection, were repealed 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.