Whenever any subdivision of land is proposed,
or before any contract for the sale of or lease of any lots in such
subdivision or any part thereof is made, or before any preparation
for improvements, any nonagricultural clearing or grading or any permit
for the erection of any structure in such proposed subdivision shall
be granted, the subdivider or his duly authorized agent shall submit
a conceptual or sketch plan of such proposed subdivision in accordance
with the following procedures:
A. When partial subdivision of a larger parcel is proposed,
the Planning Board may require a conceptual plan of further development
of the remainder of the parcel where concerns of the general pattern
of development, access or road development must be addressed.
B. In consideration of subdivision applications, the
Planning Board may require that existing violations of the Zoning
Law, or other development laws and regulations, related to the subject
parcel be remedied before review or approval of such application.
C. Reimbursable costs. Reasonable costs incurred by the Planning Board for private consultation fees, fees for technical and engineering services, legal fees, or other expenses in connection with the review of an application for a subdivision of land shall be charged to the applicant. Such reimbursable costs may be in addition to the fee required in §
202-14 below when subdivisions raise unique issues outside the Planning Board's normal experience. The Planning Board shall make a reasonable estimate of the amount of expenses that it expects to incur during the course of each application for subdivision of land. The applicant shall deposit the amount so determined by the Planning Board in escrow with the Town Clerk prior to the Planning Board's commencing any review of the application. If the amount so deposited is exhausted or diminished to the point that the Planning Board determines that the remaining amount will not be sufficient to complete the review of the application, then the Planning Board shall notify the applicant of the additional amount that must be deposited with the Town Clerk. If the applicant fails to replenish the escrow account or there are unpaid amounts for which the applicant is responsible pursuant to this provision, the Planning Board, at its discretion, may cease review of the application until such amounts are paid or deny the application. In no event, however, shall any subdivision of land approval be made until all such sums have been paid in full.
[Added 11-6-2012 by L.L. No. 4-2012]
When an application for subdivision review and
approval involves property that is within 500 feet of an adjacent
municipality, as defined in § 239-nn of the General Municipal
Law, the Planning Board shall give notice to the adjacent municipality
by mail or electronic transmission to the clerk of the adjacent municipality
at least 10 days prior to any hearing. Notice shall also be provided
to the County Planning Board if required by § 239-n of the General
Municipal Law.