Town of Montgomery, NY Article III Procedure in Filing Subdivision Applications

§ 200-7 Filing of applications.

A. Full compliance with the provisions of Article 16 of the Town Law, Article 8 of the Environmental Conservation Law (SEQRA), applicable provisions of the Public Health Law, and with this chapter concerning the preparation of a subdivider's sketch plan, preliminary plat, vicinity map and subdivision plat, except where variations of these regulations may be expressly authorized by the Planning Board, is necessary for the information of the Board and of the public at public hearing(s) as provided in this section. Due care in the preparation of the maps and other information called for will expedite the process of obtaining the Board's decision concerning the formal subdivision plat.

B. Applicants are reminded of the provisions of § 334 of the New York State Real Property Law regarding the requirement of a filed subdivision map with the County Clerk before lots are sold.

C. The Planning Board is authorized to adopt a resolution approving a particular subdivision application format and to amend such resolution from time to time, in the sole discretion of the Planning Board. Such application format may contain provisions whereby the applicant or its duly designated agent may indicate whether or not Planning Board members and/or the consultants of the Planning Board may perform walk-over inspections of the property, and, if so, the level of prior notice (if any) required by the applicant. In all cases, no physical disturbance will occur during these walk-over inspections. Other inspections involving physical disturbance, such as joint inspections of percolation and/or deep test holes, shall occur in the presence of the applicant's designee and shall be scheduled in advance.

§ 200-8 Sketch plan/initial submittal.

A. Submission of sketch plan. Any owner of land shall, prior to subdividing or re-subdividing land, submit to the Secretary of the Planning Board at least 21 days prior to the regular meeting of the Board 15 copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article V, § 200-26, for the purposes of classification and preliminary discussion. (See also the checklist in Appendix B of this chapter.[1])

[1] Editor's Note: Said appendix is included as an attachment to this chapter.

B. Discussion of requirements and classification.

(1) The subdivider, or subdivider's duly authorized representative, shall attend the meeting of the Planning Board when the matter is on the agenda to discuss the requirements of these regulations 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 these regulations. 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, § 200-9, of this chapter. If it is classified as major subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ 200-10, 200-11, 200-12, 200-13 and 200-14. Request for classification under SEQRA may be at this time.

C. Study of sketch plan. The Planning Board shall determine whether the sketch plan meets the purposes of these regulations and shall, where it deems necessary, make informal recommendations to be incorporated by the applicant in future submissions to the Planning Board.

§ 200-9 Approval of minor subdivision.

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 a completed 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, § 200-27.

B. Number of copies. Eight full-scale copies and seven eleven-inch-by-seventeen-inch copies of the subdivision plat shall be presented to the Secretary of the Planning Board at least 21 days prior to a scheduled monthly meeting of the Planning Board.

C. Subdivider to attend Planning Board meeting. The subdivider, or the subdivider's duly authorized representative, shall attend the meeting of the Planning Board when the matter is on the agenda 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 21 days prior to which the application for plat approval, complete and accompanied by the required fee and all data required by Article V, § 200-27, of this chapter, has been filed with the Secretary of the Planning Board.

E. Endorsement of state and county agencies. If the site borders a county or state road, copies of the submission shall be forwarded to the Orange County Department of Public Works (OCDPW) and/or the regional office of the New York State Department of Transportation (NYSDOT), in time for their comments to be returned and read into the minutes of the public hearing or at some later time, at the discretion of the Planning Board. If the site lies within 500 feet of an existing or proposed county or state road, drainage easement, institution or park, or within 500 feet of a municipal boundary or within 500 feet of farm operations in agricultural districts as per General Municipal Law § 239,[1] a copy of the submission shall be forwarded to the Orange County Department of Planning (OCDP) for its comments prior to the public hearing. Application to the OCDPW or OCDP shall be made by the Planning Board on the appropriate forms.

[1] Editor's Note: See General Municipal Law §§ 239-l, 239-m, 239-n, and 239-nn.

F. Public hearing. A public hearing shall be held by the Planning Board on all plats submitted in final form within 62 days of the complete submission to the Planning Board. The hearing must be advertised at least once in a newspaper of general circulation in the Town at least 10 days prior to the hearing and by posting notice thereof by mail to the owners of property within 300 feet of the proposed subdivision or a greater distance at the discretion of the Planning Board, and to any other person whom the Board may deem to be particularly affected. If such project is within 500 feet of an adjacent municipality the Clerk of said municipality shall be notified at least 10 days prior to the hearing. Said advertisement shall be submitted to the Secretary of the Planning Board and the notification of affected landowners shall be made by the applicant with an approved mailing list from the Town. See Town Law § 283-a for additional requirements regarding agricultural data statements. Proof of such mailings and receipts for same shall be filed with the Planning Board prior to, or at the time of, said hearing and verified by the Planning Board Attorney. In the event that the notice requirement extends to properties beyond the Town boundary, the applicant shall acquire the names and addresses of said property owners from the latest assessment roll of the municipality in which said property is located and shall comply with the mailing requirements as set forth herein. Notwithstanding, a lot line change meeting all of the definitions of the same may be exempt from the public hearing requirement at the sole discretion of the Planning Board.

G. Action on subdivision plat. The Planning Board shall, within 62 days from the closure of the public hearing, approve, conditionally approve with or without modification, or disapprove the final plat. This time may be extended upon mutual consent of the subdivider and the Planning Board. When conditionally approving a plat with or without modifications, the Planning Board must state in writing the modifications, if any, it deems necessary before signing of the plat in final form will be authorized. The Board shall specify in writing its reasons for any such disapproval. In the event that the Board fails to decide the minor subdivision plat within the 62 days prescribed above, the plat shall be deemed approved.

H. Filing. Upon the satisfaction of all conditions of approval, the final plat shall be properly signed by the duly authorized person or persons and shall be filed by the applicant in the office of the County Clerk. Any minor subdivision plat not so filed or recorded within 60 days of the date upon which such plat is signed, or considered approved by reason of the failure of the Planning Board to act, shall become null and void. Within 30 days of the date of filing, the applicant shall submit to the Board's Secretary a copy of the final plat showing the endorsement of the County Clerk. (See County Clerk's Subdivision Map Filing Requirements in Appendix C.[2]) Conservation easements, driveways and roadway easements and maintenance agreements, deeds and subdivision plans and other documents required to be filed in the Orange County Clerk's office shall be filed by a title company or by a designee for the applicant. Documents shall be filed simultaneously with a subdivision or lot line change plan and the title company or designee filing such recorded documents shall notify the Planning Board Attorney and Planning Board Secretary of the date and filing information of the recorded documents within three business days.

[2] Editor's Note: Said appendix is included as an attachment to this chapter.

I. Extension. Notwithstanding the foregoing provisions of this section, the Planning Board, upon written request of the applicant, may extend the time for filing and recording such plat, if in its opinion such extension is warranted by the particular circumstances thereof, for periods of 90 days each. Should these time periods elapse, the plat shall be deemed null and void.

§ 200-10 Preliminary plat for major subdivision.

A. Application and fee. 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, § 200-28, 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, where required, § 278 of the Town Law, and Article V, § 200-28, of this chapter, except where a waiver may be specifically authorized by the Planning Board.

B. Purpose. The preliminary layout and the supporting documents for a proposed subdivision constitute the material to be officially submitted to the Planning Board, and later one copy shall become the official record of the Town Clerk. They shall show the general design of the subdivision and its public improvements, so that the Planning Board can indicate its approval, modification or disapproval of the preliminary subdivision plat prior to the time that the final plat, including the design and detailing of the public improvements and utilities, is completed. Approval of the preliminary layout does not constitute an approval of the final plat, nor should it be considered a valid basis for the construction of site improvements or for other commitments which depend upon its design characteristics. When revision of the proposed preliminary subdivision plat is required, the preliminary layout shall be revised accordingly, so that the files of the Planning Board and other Town officials will be current. The preliminary layout shall serve as a key map to subdivisions subsequently laid out in sections on final plats.

C. Number of copies. The application for approval of the preliminary plat, complete with eight full-scale copies and seven eleven-inch-by-seventeen-inch copies of the preliminary plat and accompanied by the required fee and all data required by Article V, § 200-28, of this chapter, shall be filed with the Secretary of the Planning Board at least 21 days prior to a regular monthly meeting of the Planned Board. A proposed submission which does not include all the required drawings, documents and fees will not be deemed to have been completed.

D. Subdivider to attend Planning Board meeting. The subdivider, or the subdivider's duly authorized representative, shall attend the meeting of the Planning Board when the project is scheduled to discuss the preliminary plat.

E. 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 the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement of the present use and the future development of adjoining lands as yet unsubdivided, and the requirements of the Comprehensive Plan, the Official Map, and Zoning Law, if such exist.

F. Review by state and county transportation agencies. If the site borders a county or state road, copies of the preliminary submission shall be forwarded by the Planning Board to the Orange County Department of Public Works and by the applicant to the regional office of the New York State Department of Transportation in time for their comments to be returned and read into the minutes of the public hearing, or at the discretion of the Planning Board, at some later time but prior to the filing of the plat.

G. Referral to local municipalities and OCPD.

(1) If the preliminary plan for a major subdivision of land occurs within 500 feet of a town or village boundary, a copy of the public hearing notice shall be sent by the applicant to the Town or Village Clerk of the adjoining community by regular mail, not less than 10 days prior to the public hearing to determine whether the proposed subdivision is in reasonable harmony with its Comprehensive Plan. Any written comment will be considered if received prior to or at the public hearing.

(2) Section 239-l and 239-n review by the Orange County Planning Department.

(a) In accordance with § 239-1 and 239-n of Article 12-B of the General Municipal Law, the following applications for approval of a subdivision or undeveloped plats shall be submitted to the Orange County Planning Department by the Planning Board with the Orange County Planning Department application form if the application applies to the real property within 500 feet of the following:

[1] A boundary of any village or Town; or

[2] The boundary of any existing or proposed county or state park or other recreation area; or

[3] The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway; or

[4] The existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or

[5] The existing or proposed boundary or any county- or state-owned land on which a public building or institution is situated; or

[6] The boundary of a farm operation located in an agricultural district, as defined by Article 25-AA of the Agriculture and Markets Law.

(b) Such referral to the Orange County Planning Department shall be forwarded by the Planning Board prior to the public hearing.

H. Preliminary plat public hearing. The Planning Board must hold a public hearing within 62 days after the receipt of an application and a plat deemed complete by the Planning Board. The hearing must be advertised at least once in a newspaper of general circulation in the Town at least 10 days before it is held and by posting notice thereof by mail to the owners of property within 300 feet of the proposed subdivision, or a greater distance at the discretion of the Planning Board, and directly across any adjoining street and to any other persons whom the Board may deem to be particularly affected, said advertisement to be submitted by the Secretary of the Planning Board and the notification of adjacent landowners to be made by the applicant. See Town Law § 283-a for additional requirements regarding agricultural data statements.

I. Approval of the preliminary plat.

(1) The Planning Board shall take action within 62 days after the close of the hearing required on such plats to approve, with or without modifications, or disapprove the preliminary plat. This time may be extended upon mutual consent of the subdivider and the Planning Board. When approving a preliminary plat the Planning Board must state in writing the modifications, if any, it deems necessary for submission of the plat in final form with respect to:

(a) The specific changes which it will require in the preliminary plat.

(b) 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.

(c) The categories of improvement or the categories of all bonds therefor which it will require as prerequisite to the approval of the subdivision plat.

(2) 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, through the Town Clerk. Approval 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 plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations and the conditions of the approval of the preliminary plat, 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 result of new information obtained at or after the public hearing. In the event the Planning Board fails to act on a preliminary plat within the time noted, the plat shall be deemed granted preliminary approval, and the certificate of the Town Clerk as to the date of submission and the failure of the Planning Board to act on the plat must be issued on demand; this certificate is sufficient in lieu of any other evidence of approval of the preliminary plat.

J. Expiration of approval. Planning Board approval of a preliminary layout submission shall expire six months after the date of such formal action. No Planning Board action will be taken after such expiration until a new application and filing fee are submitted. Extensions may be given for good cause upon petition to the Planning Board. Such extensions shall be granted only if the proposed subdivision fully conforms to the zoning regulations in effect at the time such extension is applied for, and the decision to grant an extension shall be within the sole discretion of the Planning Board.

K. Construction of improvements prior to final approval. No disturbance of a property subject to active subdivision review is allowed except as authorized by the Planning Board or Town Engineer in order to obtain data for submission of plans prior to completion of SEQRA and approval of a SWPPP. Thereafter, construction of improvements prior to final approval and filing of a signed subdivision plat only is allowed subject to the following conditions:

(1) A negative declaration or a findings statement has been adopted by the Planning Board.

(2) A SWPPP has been approved by the Planning Board Engineer.

(3) Formal, written notification to the Town of Montgomery Highway Superintendent, Town Engineer, Town Board and Planning Board at least 10 days prior to beginning construction.

(4) Posting of a cash escrow for inspections in an amount to be determined by the Town Board upon the advice of the Town Engineer and Town Highway Superintendent.

(5) Provisions for periodic inspection by the Town Engineer, Town Highway Superintendent and Town Stormwater Management Officer.

(6) Provisions for periodic written certifications by the applicant's licensed engineer as to all stages of construction.

(7) The subdivider is proceeding at his own risk if the final maps are modified or if the subdivider allows any approvals or permits to be rescinded or if they expire prior to final map filing.

§ 200-11 Final plat for major subdivision.

A. Application for approval and fee.

(1) 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 forms 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. See the checklist in Appendix B of this chapter for final plat submissions.[1]

[1] Editor's Note: Said appendix is included as an attachment to this chapter.

(2) However, extensions of this time limitation may be granted upon petition to the Planning Board. Such extensions shall be granted only if the proposed subdivision fully conforms to the zoning regulations in effect at the time such extension is applied for, or any zoning amendments pending at the time, and the decision to grant an extension shall be within the sole discretion of the Planning Board.

B. Purpose. The final plat and supporting drawings and documents for a proposed subdivision constitute the complete development of the subdivision proposal, and include the recommendations resulting from the Planning Board review of the preliminary layout as well as the detailed layout drawings for the public improvements and utilities. After public hearing and approval by the Planning Board, this complete submission along with the SEQRA determination, the performance bond and the general liability insurance policy, as approved by the Town Board, becomes the basis for the construction of the subdivision and the inspection services by the Engineer for the Town or other delegated Town officer. The plat itself must be recorded at the County Clerk's office to have legal status. An unrecorded plat is not a valid basis for site improvements or other commitments which depend on its design characteristics. The final plat shall be an accurate survey record of the properties resulting from the subdivision and shall be certified to the Town of Montgomery.

C. 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 Planning Board with eight full-scale copies and seven eleven-inch-by-seventeen-inch copies of the application and the plat, the original and one true copy of all offers of cession, covenants, and agreements, letters from appropriate agencies, utilities and boards having jurisdiction, and three prints of all construction drawings, at least 21 days in advance of the regular monthly Planning Board meeting at which it is to be officially submitted. At the same time, if the subdivider intends to request any waiver of the requirements of standards provided for in these regulations in connection with final plat approval, a statement applying for such waiver shall be filed with the final plat submission, or the application shall be deemed incomplete.

D. When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular meeting of the Planning Board at least 14 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, § 200-29, of this chapter) has been filed with the Secretary of the Planning Board.

E. Endorsement of state and county agencies. Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the Orange County 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 Orange County Department of Health shall be secured by the subdivider before official submission of the subdivision plat. Certified copies of permits signed by a responsible official of the State Department of Transportation, or the Orange County Commissioner of Public Works, approving proposed construction and/or discharge on state or county rights-of-way, shall be submitted. Certified copies of permits signed by a responsible official of the State Department of Environmental Conservation shall be submitted when the development falls within the scope of that agency's jurisdiction.

F. Public hearing. No public hearing shall be held on the final plat where it is in substantial agreement with the preliminary plat. When a final plat is submitted which the Planning Board deems not to be in substantial agreement with the preliminary plat, the Planning Board shall hold a public hearing within 62 days of the complete submission of a final plat in full, final form. The determination whether or not a final plat is in substantial agreement with the preliminary plat shall be within the sole discretion of the Planning Board. Notice of the hearing must be published at least once in a newspaper of general circulation in the Town at least 10 days before the hearing, and by posting notice thereof by mail to the owners of property abutting the proposed subdivision and directly across any adjoining street and to any other persons whom the Board may deem to be particularly affected.

G. Action on proposed subdivision plat. The Planning Board shall, within 62 days from the closure of the public hearing on the subdivision plat, if one is held, or within 62 days after the receipt of the complete final plat by the Secretary of the Planning Board if no hearing is to be held, approve, disapprove or conditionally approve with or without modifications, the final subdivision plat, and shall specify in writing its reason for any such disapproval. Provisions may be made for extension of this time by mutual consent of the subdivider and the Planning Board. In the event that the Planning Board fails to render a decision on the plat within the 62 days prescribed above, the plat shall be deemed approved as submitted. If the plat is approved, the subdivider shall carry out the following steps prior to obtaining the Chairman's signature of approval:

(1) Make all required corrections or changes to the satisfaction of the Planning Board.

(2) Obtain a performance security in the amount of at least the bond estimate and submit them to the Town Attorney for approval as to form and content.

(3) Prepare prints of the corrected final plat drawings and submit the following: eight paper prints and two Mylar drawings including all corrected public improvements, utility plans and profiles.

(4) Pay the required inspection fees and fee in lieu of parkland, if applicable, at the Town Clerk's office.

(5) Submit and obtain approval of all dedication documents, easements, agreements and other related documents.

(6) Pay all outstanding review fees/escrows.

(7) This information shall be reviewed by the designated representative of the Planning Board prior to the signing of the final plans.

§ 200-12 Required public improvements (major subdivisions).

A. Improvements.

(1) At least the following improvements will be required except when, in the special or peculiar circumstances of the particular case, the Planning Board modifies and waives a requirement by specific resolution: (See Article V, § 200-26B; Article V, § 200-28E; and Article VI, §§ 200-30 through 200-32).

(a) Paved streets.

(b) Curbs and gutters, where specifically required.

(c) Sidewalks, where specifically required.

(d) Water mains and fire hydrants, where specifically required.

(e) Sanitary sewage disposal.

(f) Stormwater drainage systems and stormwater pollution prevention plans (SWPPP).

(g) Street signs.

(h) Streetlighting, where required.

(i) Street trees.

(j) Seeding or sodding of planting strips with lawn grass.

(k) Where need has been established, public recreation facilities unless a fee in lieu thereof is required.

(l) Other improvements identified as required by the SEQRA determination and/or the resolution of preliminary or final subdivision approval.

(2) In making such determination regarding streets, highways, parks and required improvements, the Planning Board shall take into consideration the prospective character of the development, whether dense residence, open residence, business or industrial. Notwithstanding the foregoing provisions of this section, the Planning Board may waive, subject to appropriate conditions, the provision of any or all of such improvements and design characteristics as in its judgment of the special circumstances of a particular plat or plats are not necessary to protect the public health, safety and general welfare, or which in its judgment are inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision, as long as such waivers do not violate local, county, state or federal requirements.

B. Performance security.

(1) A performance security shall be delivered to the Town to guarantee to the Town that the subdivider will faithfully cause to be constructed and completed within a reasonable term the required public improvements and convey the required lands and improvements to the Town free and clear of encumbrances.

(2) Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in Subsection B(2)(a) below:

(a) In an amount set by the Town Board upon a prior recommendation from the Planning Board based upon an estimate prepared by the Town Engineer, the subdivider shall either file with the Town Clerk a certified check or passbook assignment or irrevocable letter of credit to cover the full cost of the required improvements or the subdivider shall file with the Town Clerk a performance security issued by a bank approved by the Town Board to cover the full cost of the required improvements or any combination thereof. Any such security 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 security within which required improvements must be completed; however, the term of such performance bond may be extended by the Planning Board with consent of the parties thereto. The Town reserves the right to refuse to accept security issued by a surety company.

(b) The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Engineer for the Town and an as-built survey satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed on a map in the State Plane Coordinate System NY East NAD 83. If the subdivider elects to provide a bond or certified check for all required requirements as specified in Subsection B(2)(a) above, such bond shall not be released until such a map is submitted. The Town Board shall release the performance bond upon certification of the Town Engineer and Town Attorney that all requirements of the bond have been satisfied and only after the Town Board has accepted the improvements.

(c) The subdivider shall complete all required improvements or post the required performance bond, either or both to the satisfaction of the Town Board, before any building permits shall be issued.

(d) If the Planning Board shall decide at any time during the term of performance that the extent of building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such performance bond, or that required improvements have been installed as provided in this section and by the Planning Board in sufficient amount to warrant reduction in the face amount of said bond, or that character and extent of such development required additional improvements previously waived for a period stated at the time of fixing the original terms of such bond, the Planning Board may recommend to the Town Board to modify its requirements for any or all such improvements, and the face value of such performance bond shall thereupon be reduced or increased by an appropriate amount so that the new face value will cover the cost in full of the amended list of improvements required by the Planning Board and any security deposited with the bond may be reduced or increased proportionately, upon the recommendation of the Planning Board and the Town Engineer, and the subsequent approval of the Town Board.

C. General liability insurance.

(1) Procedure. If required by the Town, the general contractor shall file with the Town Attorney a general liability insurance policy approved by the Town Board at the same time as the general contractor files a performance bond. The Town Board shall approve the policy as to form. The policy shall be in force during the term of the performance bond and shall be extended in conformance with any extension of the performance bond.

(2) Coverage. The policy shall insure the Town and the general contractor and shall cover all-operations in the development involving the existence and maintenance of property and buildings and contracting operations of every nature including all public improvements. Said policy shall have limits of liability of $1,000,000 for bodily injury to each person and $5,000,000 liability on the aggregate for each accident, and property damage liability of $500,000 for each accident and $1,000,000 aggregate property damage liability or such higher limits as the Town Board may require.

D. Maintenance bond. The subdivider shall file with the Town Board a maintenance security in an amount based on a maximum of 10% of the performance security estimate or improvement costs and which shall be adequate to assure the satisfactory condition of the initial public improvements for a period of two years following their completion and acceptance by the Town Board. Such security shall be satisfactory to the Town Attorney as to form, manner or execution and surety.

E. Modification of design improvements. If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the Town Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town Engineer may authorize minor 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 and provided that no lot or street boundaries are changed. The Town Engineer shall issue any authorization under this section in writing and shall transmit a copy of such authorization to the Planning Board and the Town Board at their next regular meetings.

F. Supervision of improvements. The construction of all required improvements shall be supervised by a registered professional engineer employed by the Town, who, after completion of construction, shall certify to the Town Board that all required improvements have been constructed as required and approved by the Board or as modified by the Board. The subdivider shall fund the expenses of the same via the escrow policies as adopted by the Town Board. The Town may require that the applicant's licensed engineer certify any and all aspects of the construction.

G. Inspections.

(1) Routine inspections. All improvements will be inspected by the Town Engineer to insure satisfactory completion. In no case shall any paving (including prime and seal coats) work be done without permission from the Town Engineer and Highway Superintendent. At least five days' notice shall be given to the Town Engineer and Highway Superintendent prior to any such construction, so that a representative of the Town may be present at the time work is to be done. The Town Engineer and Highway Superintendent shall be notified after each of the following phases of the work has been completed so that the Town Engineer, Highway Superintendent, or duly authorized representative may inspect the work:

(a) Road subgrade.

(b) Curb and gutter forms.

(c) Road paving - after each coat in the case of priming and sealing.

(d) Sidewalk forms.

(e) Sanitary sewers, drainage pipe and other drainage structures before backfilling.

(f) All underground utilities prior to backfilling. If the Town Engineer or other duly designated official does not carry out inspection of required improvements during construction, the subdivider or the bonding company shall not in any way be relieved of their responsibilities.

(g) Landscape features/trees/lawn.

(2) Final inspection. A final inspection of all improvements will be made to determine whether the work is satisfactory and in substantial agreement with the approved final plat drawings and in compliance with the Town specifications as of the time the offer of dedication of the roads is made to the Town Board. The general condition of the site shall also be considered. Upon a satisfactory final inspection report, action will be taken to release the performance bond covering such improvements and utilities.

(3) Inspection fee. An inspection fee of 2% to 5% of the amount of the improvement costs shall be paid to the Town prior to the time that the Chairperson of the Planning Board signs the final plat.

H. Proper installation of improvements. If the Town Engineer 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, the Town Engineer shall so report to the Town Board, Building Inspector, and Planning Board. The Town Board then shall notify the subdivider and, if necessary, the bank issuing or holding the security, and take all necessary steps to preserve the Town's rights under the bond. The Town Board may thereupon declare the performance bond in default and collect the sum remaining payable thereunder, and upon receipt of the proceeds thereof the Town shall install or cause to be installed such improvements as are covered by such performance bond and commensurate with the building development that has taken place in the subdivision, but not exceeding in cost the amount of such proceeds. In making such determination regarding streets, highways, parks and required improvements, the Planning Board shall take into consideration the prospective character of the development, whether dense residence, open residence, business or industrial. No plat shall be approved by the Planning Board as long as the subdivider or its successors is/are in default on a previously approved plat related to the plat under review.

§ 200-13 Filing of approved final subdivision plat.

A. Final approval and filing.

(1) Upon completion of the requirements in §§ 200-11 and 200-12A and B above and notation to that effect upon the subdivision plat and upon the approved public improvement and utility plan and profiles, the plat shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Planning Board (Chairperson, Acting Chairperson, or the Clerk of the Board) upon receipt of notification that the required bond and insurance has had the approval of the Town Attorney and Town Board, and that the required inspection fee has been deposited. Items required in § 200-12C through H above may be performed subsequent to plan signing and will be overseen by the Town Engineer and Town Attorney, as may be applicable. The signed plat may then be filed by the applicant in the office of the County Clerk. Planning Board approval of a final plat shall not be deemed an acceptance by the Town of any street or other land shown as offered for cession to public use.

(2) No plat of a subdivision of land showing lots, blocks or sites, with or without streets or highways, shall be filed or recorded in the office of the County Clerk until it has been approved by the Planning Board and such approval be endorsed in writing on the plat in such manner as the Planning Board may designate. It shall be the duty of the approved designee of the applicant to notify the Planning Board in writing within three business days of the filing and recording of any plat approved by the Planning Board, identifying such plat by its title, date of filing or recording, and official file number.

B. Distribution. After the Planning Board Chairperson signs indicating approval, the documents shall be distributed by the Planning Board in the following manner:

(1) Subdivider. All original final plat drawings and Mylars as needed by the subdivider and as listed below. The title company of the subdivider or other designee of the Planning Board shall file an original final print and Mylar with the Orange County Clerk's office and a second Mylar relative to Subsection B(4) below.

(2) Building Inspector. One final plat and public improvement paper print.

(3) Tax Assessor. One final plat paper print.

(4) Town Clerk. One Mylar from the Orange County Clerk's office showing official file date.

(5) Town Engineer or other delegated Town Engineer. One paper print each of the final plat and the public improvement and utilities plan and profiles.

(6) Town Superintendent of Highways. One paper print each of the final plat and the public improvement plan.

(7) Planning Board. One Mylar and one paper print of the final plat and the public improvement and utilities plan and profiles.

(8) Orange County DPW for properties with access to a County Highway. One paper print of the final plat.

C. Expiration of approval.

(1) The final approval of a final plat, or the certificate of the Town Clerk as to the failure of the Planning Board to act within the time required by law, shall expire within 62 days after the date of the signing of the plat by the Chairperson unless filing of the plat or a section thereof is accomplished by that time in the office of the Orange County Clerk. 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 road or drainage systems shown of the county map, that such plat has been approved in the manner specified by § 239-f of the General Municipal Law.

(2) Expiration of an approval shall mean that any further action may require a new filing fee as well as a review of all previous findings and applicability of new regulations at the discretion of the Planning Board.

D. Filing in sections. At the time the Planning Board grants plat approval, it may permit or may require in its sole discretion that the plat be divided into two or more sections subject to any conditions the Board deems necessary in order to insure the orderly development of the plat. In accordance with § 276 of the Town Law, the applicant may file a section of the approved plat with the County Clerk if said section constitutes at least 10% of the total number of lots contained in the approved plat. In these circumstances, preliminary plat approval on the remaining sections of the plat shall remain in effect for three years from the filing date of the first section. When a plat is filed by section with the County Clerk, the applicant shall file the entire approved preliminary plat along with the filed final section with the Town Clerk within 30 days of the County filing. The owner shall not be permitted to begin construction of buildings in any other section until such section has been filed in the office of the County Clerk and the required improvements have been installed in such section or a bond covering the cost of such improvements is posted.

E. 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 Town Board is authorized to institute proceedings to have the plat stricken from the records of the County Clerk, at the sole expense of the responsible parties. In this case, a court may award the Town the cost of reasonable attorney's fees, and costs and disbursements to strike said plat.

F. Filing of easements. Conservation easements, driveways and roadway easements and maintenance agreements, deeds and subdivision plans and other documents required to be filed in the Orange County Clerk's office shall be filed by a title company or designee for the applicant approved by the Planning Board, within three business days. Documents shall be filed simultaneously with a subdivision or lot line change plan and the title company or attorney filing such recorded documents shall notify the Planning Board Attorney and Planning Board Secretary of the date and file number of the recorded documents.

§ 200-14 Public streets; recreation areas.

A. Public acceptance of streets.

(1) 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, utility, easement, park or other open space shown on such subdivision plat as offered for cession to public use.

(2) Every street shown on a plat that is filed or recorded in the office of the County Clerk as provided in these regulations shall be deemed to be a private street until such time as it has been formally offered for cession to be public and formally accepted as a public street by resolution of the Town or alternatively until it has been condemned by the Town for use as a public street.

(3) After such plat is approved and filed, the streets, highways and parks shown on such plat shall be and become a part of the Official Map, if such exists, or plan of the Town. The owner of the land or duly authorized agent who filed the plat may add as part of the plat a notation, if so desired, to the effect that no offer of dedication of such streets, highways or parks or any of them is made to the public. If the owner of the land or duly authorized agent who files the plat does not add as part of the plat a notation to the effect that no offer of dedication of such streets, highways or parks, or any of them, is made to the public, the filing of the plat in the office of the County Clerk shall constitute a continuing and irrevocable offer of dedication of the streets, highways or parks, or any of them, to the public and said offer of dedication may be accepted by the Town Board at any time. Formal offers of cession to the public of all streets, highways or parks not marked to the contrary on the plat shall be filed with the Planning Board prior to the approval of the plat by the Planning Board. In the event that the owner or duly authorized agent shall elect not to file the plat prior to the expiration date of the validity of such approval provided in Article III, § 200-13C, of this chapter, then such formal offers of cession shall be deemed to be invalid, void and of no effect on and after such expiration date.

(a) No public Town street utility or improvement shall be constructed by the Town in any street or highway until it has become a public street or highway and is duly placed on the Official Map or plan; except that the Town Board may authorize the construction of a public Town street utility or improvement in or under a street which has not been dedicated, but which has been used by the public as a street for five years or more, prior to March 2, 1938, and is shown as a street on a plat of a subdivision of land which had been filed prior to March 2, 1938, in the office of the County Clerk of Orange County.

(b) No permit for the erection of any building shall be issued unless a street or highway giving access to such proposed structure has been duly placed on the Official Map or plan, or if there be no Official Map or plan, unless such street or highway is:

[1] An existing state, county, Town or village highway; or

[2] A street shown upon a plat approved by the Planning Board as provided under the provisions of this article, as in effect at the time such plat was approved; or

[3] A street on a plat duly filed and recorded in the office of the County Clerk prior to the appointment of such Planning Board and the grant to such Board of the power to approve plats. Before such permit shall be issued, such street or highway shall have been suitably improved to the satisfaction of the Town Board in accordance with standards and specifications approved by the appropriate Town officers as adequate in respect to the public health, safety and general welfare for the special circumstances of the particular street or highway, or alternatively, and in the discretion of such Board, a performance bond sufficient to cover the full cost of such improvement as estimated by such Board or other appropriate Town departments designated by such Board shall be furnished to the Town by the owner. Such performance bond shall be approved by the Town Board with security acceptable to the Town Board and shall also be approved by the Town Attorney as to form, sufficiency and manner of execution. The term, manner of modification and method of enforcement of such bond shall be determined by the appropriate board in substantial conformity with Article III, § 200-12B, of this chapter; or

[4] An area variance has been obtained from the Zoning Board of Appeals.

(c) For the purpose of preserving the integrity of such Official Map or plan, no permit shall hereafter be issued for any building in the bed of any street or highway or parkland shown or laid out on such map or plan; provided, however, an appeal may be made before the Zoning Board of Appeals, as detailed in Subsection A(3)(d) below.

(d) Where the enforcement of the provisions of this section would entail practical difficulty or unnecessary hardship, or where the circumstances of the case do not require the structure to be related to the existing or proposed streets or highways, the applicant for such a permit may appeal from the decision of the administrative officer having charge of the issuance of permits to the Zoning Board of Appeals or other similar board in any Town which has established a board having power to make variances or exceptions in zoning regulations, and the same provisions are hereby applied to such appeals and to such board as are provided in cases of appeals on zoning regulations. The Zoning Board of Appeals may in passing on such appeal make any reasonable exceptions and issue the permit subject to conditions that will protect any future street or highway layout or to grant a permit for a building in such street or highway which will as little as practicable increase the cost of opening such street or highway, or tend to cause a change of such Official Map or plan. In addition, the Zoning Board of Appeals may impose reasonable requirements as a condition of granting such permit, which requirements shall inure to the benefit of the Town. Before taking any action authorized in this section, the Zoning Board of Appeals or similar board shall give a hearing at which parties in interest and others shall have an opportunity to be heard. Any such decision shall be subject to review in the same manner and pursuant to the same provisions as in appeals from the decisions of such board upon zoning regulations.

B. Ownership and maintenance of recreation areas. When a park, playground, natural or historic feature, or other recreation or open space 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 the provision for the cost of grading, development, equipment, and maintenance of any such recreation area. An environmental analysis may be required as a condition of transfer of a property to the Town.

§ 200-15 Application of clustering provisions.

The application of clustering provisions and approval of a cluster development shall be in accordance with all provisions of Section 75 [1]of the Zoning Law, as amended from time to time, and the procedures set forth therein.

[1] Editor's Note: So in original. See now, perhaps, § 235-8, Cluster Development for Subdivisions.

§ 200-16 Fees.

See current resolution of the Town of Montgomery regarding fees. That resolution is available from the Town Clerk or Planning Board Clerk.