A. 
Whenever any subdivision of land is proposed, the subdivider or owner thereof, or his agent, shall, in accordance with the provisions of this chapter, apply in writing to the Board, secure full final approval and file the plat with the Orange County Clerk before any sale or any offer to sell any lots in such subdivision is made and before any permit for site work or construction is granted with regard to such subdivision or any part thereof.
B. 
The application of the subdivider, owner or agent to the Board shall conform to the specifications in Articles III and IV of this chapter and shall be submitted at least 10 days prior to the formal meeting at which such application is scheduled for review.
C. 
Lot line revisions.
[Added 2-21-1990 by L.L. No. 1-1990]
(1) 
A subdivider may apply to the Planning Board for classification of his subdivision as a lot line revision. The Planning Board shall be permitted to make such a classification under the following conditions:
(a) 
The application does not create any new building parcels.
(b) 
The application does not create or increase any nonconformity with the Zoning Law of the Village.
(c) 
The application, in the opinion of the Planning Board, does not present any major planning issues.
(2) 
In the event that a subdivision is classified as a lot line adjustment, the applicant shall be permitted to file a deed effecting the lot line adjustment, together with appropriate notice, to Orange County Real Property Tax Services and the local assessor without the requirement of plat review, public hearing or recording of the plat.
[Amended 3-18-2009 by L.L. No. 3-2009]
The preliminary layout, topographic map, street profiles and formal subdivision plat and all procedures relating thereto shall in all respects be in full compliance with the provisions of §§ 7-728 and 7-730 of the Village Law, this chapter and all other applicable regulations, except where variation therefrom may be specifically authorized by the Board. In addition, the application must include a payment of all applicable fees. The Board may also require a monetary deposit to cover the costs of professional engineering, inspection and consultation, and any excess funds will be returned to the applicant after the final plat is filed.
[Amended 3-18-2009 by L.L. No. 3-2009]
The preliminary layout and its supporting documentation, as described in § 85-39, shall be submitted to the Board in the specified form and quantity. The Board shall study the preliminary layout, environmental impacts, street design, safety, utilities, topography, siting, aesthetics, drainage, etc., in connection with Village Law § 7-728, the Zoning Law,[1] Master Plan, Official Map, state and county requirements and general suitability to the neighboring properties and the Village as a whole.
[1]
Editor's Note: See Ch. 100, Zoning.
The Board shall discuss the preliminary layout with the subdivider or his agent at a regular monthly meeting. After discussion and site inspection, the Board shall communicate to the subdivider:
A. 
The specific objections or changes which it will require in the preliminary layout.
B. 
The nature and extent of required public improvements, assessments or utility fees.[1]
[1]
Former Subsection B, regarding preliminary EAF determination and EIS scope, was repealed 3-18-2009 by L.L. No. 3-2009. This local law also provided for the redesignation of former Subsections C through F and Subsections B through E, respectively.
C. 
The amount and duration of required performance bonds or letters of credit.
D. 
The requirement for Orange County Planning Commission review if adjacent to Tuxedo Town land.
E. 
The requirement for Orange County Department of Health review if the subdivision involves three or more lots within three years (Public Health Law, Article 11, Title II) or incorporates wells or septic systems.
A. 
Within 60 days of the applicant's submission, the Board shall vote on the preliminary layout. The sixty-day period, however, shall not begin unless and until:
(1) 
The application is complete and in compliance with the Village Law, these regulations, the Zoning Law and all other governmental requirements.
(2) 
The applicant or his agent is present at each relevant meeting.
(3) 
All State Environmental Quality Review Act studies and procedures are completed, if applicable.
[Amended 3-18-2009 by L.L. No. 3-2009]
(4) 
All associated fees, bonds and deposits have been rendered in full.
B. 
The sixty-day interval may be extended at the applicant's request if approved by the Board.
C. 
The preliminary layout shall be deemed disapproved unless there are at least three favorable votes.
[Amended 3-18-2009 by L.L. No. 3-2009]
The subdivider shall, within six months of preliminary approval, file with the Board the final subdivision plat, technical specifications, and other supporting materials in accordance with § 85-40. The final plat shall be on tracing cloth or Mylar film in sheets 20 inches wide by 40 inches long and to a scale of not more than 100 feet to the inch; except that, when more than one sheet is required, an additional index sheet of the same size shall be filed, showing, to appropriate scale, the entire subdivision on one sheet, with lot and block numbers. Before the Board acts on the final subdivision plat, it shall review in detail the subdivision requirements of § 85-40 of this chapter and hold a public hearing thereon in compliance with Village Law § 7-728.
Within 60 days of the submission of the final plat, the Board shall vote to approve, modify and approve or disapprove the subdivision. The sixty-day period, however, shall not begin unless and until the four requisites of § 85-8 are met. The application shall be deemed disapproved unless there are at least three favorable votes. In addition, any approval shall not be deemed final until the subdivider has paid any utility assessments, Village charges or other fees as set down by the Board of Trustees and until the provisions of the following section have been complied with.
[Amended 2-21-1990 by L.L. No. 1-1990]
The subdivider shall complete, in accordance with the Board's decision, to the satisfaction of the Engineer and any other official or body authorized by law to act, all the street and sanitary improvements specified in § 7-730 of the Village Law and not specifically waived by the Board, or, alternatively, shall file with the Board a performance bond, letter of credit or cash security deposit complying with such § 7-730 of the Village Law, satisfactory to the Village Attorney as to form, sufficiency, manner of execution and surety, for the completion of such improvements as are not constructed and not approved by the Engineer and any other official or body authorized to act prior to the approval of the plat. The Board shall require a certificate from the Engineer or other designated official as to the satisfactory character of improvements completed and from the Village Attorney or other designated legal advisor as to the adequacy of any bond which may be proffered. The subdivider shall tender offers of cession in a form certified as satisfactory by the Village Attorney of all land included in streets, highways or parks, not specifically reserved by him, but approval of the plat by the Board shall not constitute an acceptance by the Village of the dedication of any street, highway, park or other public open space.
After the completion of these details and notation to that effect upon the plat, it shall be deemed final approval, and, within 90 days thereafter, the subdivider must file the plat with the County Clerk or Registrar. Otherwise such approval shall expire as provided in § 7-728 of the Village Law.