Town of Haverstraw, NY
Rockland County
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Table of Contents
Table of Contents

§ A176-14 Approval of subdivisions required.

Whenever any subdivision of land is proposed, before any contract is made for the sale of any part thereof and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdividing owner or his authorized agent or representative shall apply for and secure the approval of such proposed subdivision in accordance with the following procedure.

§ A176-15 Procedure overview.

This procedure includes three steps for a minor subdivision and four steps for a major subdivision and is set forth as follows:
A. 
Minor subdivision.
(1) 
Informal presentation (optional).
(2) 
Sketch plat.
(3) 
Final plat.
B. 
Major subdivision.
(1) 
Informal presentation (optional).
(2) 
Sketch plat.
(3) 
Preliminary plat.
(4) 
Final plat.

§ A176-16 Informal presentation; fee.

A. 
Prior to a formal submission for a subdivision, an applicant may submit an application to the Planning Board for an informal presentation. The preapplication review shall not constitute a formal application, and no approval can be granted based on such review.
B. 
An informal presentation shall include all of the following:
(1) 
A survey of the property not more than six months old, showing topography, with a contour interval of two feet, referred to as "sea level datum."
(2) 
General layout of streets, including existing streets.
(3) 
Lot layout.
(4) 
Lot areas.
(5) 
Easements.
(6) 
Reservations of land.
(7) 
Existing/proposed bodies of water and watercourses.
(8) 
Surrounding properties, owners and land uses.
(9) 
Existing services.
(10) 
Existing drainage facilities.
(11) 
Existing wetlands and boundaries of one-hundred-year floodplains.
(12) 
Entire land holdings of the applicant.
(13) 
The title, name, address, signature and seal of the professional surveyor or engineer and the date, including revision dates.
C. 
Minutes. At such a preapplication review, no minutes shall be taken, and the Planning Board shall refer the applicant to the Planning Board technical staff for comments.
D. 
Fees. Upon the filing of an application for an informal presentation for land subdivision, the following fee shall be payable to the Town of Haverstraw: $25, plus $25 per lot for each appearance. This fee may be changed from time to time by the Town Board's amending this chapter.

§ A176-17 Sketch plat requirements; fee.

A. 
Application, contents, requirements and submissions. An application for approval of a sketch plat shall fulfill the following requirements. It shall:
(1) 
Be made on forms available at the office of the Secretary of the Planning Board.
(2) 
Include an address and telephone number of an agent located within the County of Rockland who shall be authorized to receive all notices required by this chapter.
(3) 
Include all contiguous holdings of the owner with an indication of the portion proposed to be subdivided.
(4) 
Be accompanied by an affidavit of ownership.
(5) 
Be presented to the Secretary of the Planning Board at least three weeks prior to a regular Planning Board meeting.
[Amended 1-22-2001 by L.L. No. 6-2001]
(6) 
Be accompanied by a minimum of 16 copies of the sketch plat containing the following:
[Amended 1-22-2001 by L.L. No. 6-2001]
(a) 
Plans shall be drawn to a convenient scale, not more than 100 feet to one inch.
(b) 
A title block which includes the title of the proposed subdivision, graphic scale, North arrow, date, property owner's name and applicant's name and address and the name, address, signature and seal of the licensed professional engineer or surveyor preparing the sketch plat.
(c) 
The location of property lines, existing easements, burial grounds, railroad rights-of-way and watercourses.
(d) 
Existing wooded areas or trees six inches or more in diameter measured four feet above ground level.
(e) 
The location, width and names of all existing or platted streets or other public ways within or immediately adjacent to the tract, and the names of adjoining property owners, existing permanent buildings and utility poles on or immediately adjacent to the site.
(f) 
The location and size of existing sewers, water mains, fire hydrants, culverts and other underground structures within the tract and immediately adjacent thereto.
(g) 
Preliminary proposals for connection with existing water supply and sanitary sewerage systems, or alternative means of providing water supply and sanitary waste treatment and disposal.
(h) 
Preliminary provisions for collecting and discharging surface water drainage, including the tentative location and size of drains, culverts, catch basins, curbs, gutters and detention basins.
(i) 
Topography with a contour interval of two feet, referred to as "sea level datum."
(j) 
The approximate locations and widths of proposed streets.
(k) 
The approximate location, dimensions and area of all proposed lots, including areas subject to § A176-54, Lot dimensions; § A176-58, Water bodies; and § A176-60, Average density.
(l) 
The approximate location, dimensions and area of all parcels of land proposed to be set aside for park or playground use or other public use or for the use of property owners in the proposed subdivision.
(m) 
The location of temporary stakes, if required, to enable the Planning Board, Town Engineer and other consultants to find and appraise features of the sketch plat in the field.
(n) 
The location of possible future street and drainage system connections to abutting parcels when the sketch plat covers only a part of an applicant's contiguous holdings.
(o) 
A vicinity map showing streets and other general development of the surrounding area within 500 feet of the subject property.
(p) 
The location of all school and improvement district lines and zoning district lines, with the zones properly designated.
(q) 
Whenever the provisions regarding average density of § 281 of the New York State Town Law are applied, this fact shall be properly noted by the subdivider on the preliminary plat.
(r) 
The approximate location of proposed buildings and approximate first-floor, garage-floor and cellar-floor elevations.
(s) 
Building envelope.
(t) 
Required materials for SEQRA review.
B. 
Fees. Upon the filing of an application for an approval for sketch plat, the following fee shall be payable to the Town of Haverstraw: $50, plus $50 per lot. This fee may be changed from time to time by the Town Board's amending this chapter.

§ A176-18 Sketch plat review.

A. 
General procedure. Following submission of the required materials, the applicant and applicant's attorney, professional engineer and/or surveyor of record should be prepared to attend the next regular meeting of the Planning Board to discuss the sketch plat.
B. 
Considerations.
(1) 
At its meeting with the subdivider, the Planning Board shall review the objectives of this chapter with regard to the general layout of buildings, streets and other site improvements and the requirements of street improvements, drainage, sewerage, water supply, fire protection, streets, trees and similar aspects, as well as the availability of existing services and other pertinent information.
(2) 
The Planning Board will study the sketch plat, taking into consideration the requirements of these subdivision regulations and the best use of the land being subdivided. Particular attention will be given to the arrangement, location and width of the streets, their relation to the topography of the land, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided and the requirements of the Official Map, as adopted by the Town Board, and the Master Plan, as adopted by the Planning Board.
C. 
Classification.
(1) 
Classification of the sketch plat is to be made at this time by the Planning Board as to whether it is a minor subdivision as defined by this chapter. If classified as a minor subdivision, the applicant, following tentative approval of the sketch plat, may proceed directly to the filing of an application for approval of a subdivision plat, as provided for in Article III, §§ A176-21 and A176-22, of this chapter.
(2) 
All other subdivisions not classified as minor subdivisions shall be classified as major subdivisions, for which the applicant must first file an application for approval of a preliminary plat, as provided in Article III, §§ A176-19 and A176-20, before filing for subdivision plat approval.
D. 
Referrals by town. The Planning Board shall refer the sketch plat to the Town Engineer, Planning Consultant or other appropriate town, county or state agency or official for technical advice. The Town Engineer and Planning Consultant should be encouraged to suggest to the subdivider and to the Planning Board any modifications in the sketch plat which would result in an improved subdivision.
E. 
Referrals to county agencies.
(1) 
Pursuant to § 239-k of the General Municipal Law, all subdivisions which abut or are related to a county road or a county drainageway must be referred to the County Planning Board and County Department of Highways.
(2) 
All subdivisions which abut or are related to a stream or drainageway or are located within 100 feet of a one-hundred-year floodplain designated upon the Official Map of Rockland County shall be referred by the town to the Rockland County Drainage Agency.
(3) 
In addition, all subdivisions shall be referred by the town to the Rockland County Soil and Water Conservation District.
F. 
Staking. If required by the Planning Board, the boundaries of a parcel proposed for subdivision and the approximate center lines of all proposed roads shall be staked in order to facilitate field inspection and review of the site of a proposed subdivision prior to field inspection by the Planning Board.
G. 
Determination on sketch and tentative approval of layout.
(1) 
After reviewing and discussing the sketch plat, the Planning Board will advise the applicant, within 45 days of the official submittal date, of specific changes or additions, if any, it will require in the layout and the character and extent of required improvements and reservations which it will require as a prerequisite to the approval of the subdivision plat. This shall constitute tentative approval of the sketch plat, but prior to the approval of the subdivision plat, the Planning Board may require additional changes as a result of further study of the subdivision in further stages of submission.
(2) 
Said tentative approval shall constitute authorization to prepare and submit a preliminary plat, in the case of a major subdivision, or a final subdivision plat, in the case of a minor subdivision.

§ A176-19 Preliminary plat requirements; fee.

A. 
Application, contents, requirements and submissions. An application for approval of a preliminary plat shall fulfill the following requirements:
(1) 
Be made on forms available at the office of the Secretary of the Planning Board.
(2) 
Include all land which the applicant proposes to subdivide.
(3) 
Be presented to the Secretary of the Planning Board at least three weeks prior to a regular Planning Board meeting.
[Amended 1-22-2001 by L.L. No. 6-2001]
(4) 
Comply in all respects with the sketch plat as tentatively approved by the Planning Board.
(5) 
Be accompanied by a minimum of 16 copies of the preliminary construction plans, which shall contain the following:
[Amended 1-22-2001 by L.L. No. 6-2001]
(a) 
Plans to be drawn at a scale of no less than one inch equals 100 feet and otherwise consistent with §§ A176-17 and A176-18.
(b) 
Profiles showing existing and proposed elevations along the center lines of all roads. Where a proposed road intersects an existing road or roads, the elevation along the center line of the existing road or roads within 100 feet of the intersection shall be shown.
(c) 
The Planning Board may require, if requested by the Town Engineer or Planning Consultant, where steep slopes exist, that present elevations of all proposed streets shall be shown every 100 feet at five points on a line at right angles to the center line of the street, and said elevation points shall be at the center line of the street, each property line and points 25 feet inside each property line. If requested by the Town Engineer or Planning Consultant, intersection details shall be required as well.
(d) 
Plans and profiles showing the locations and typical cross sections of street pavements, including: curbs, gutters, sidewalks, manholes and catch basins; the locations of street trees, streetlighting standards and street signs; the location, size and invert elevations of existing and proposed sanitary sewers, stormwater drains and fire hydrants; and the exact location and size of all water, gas, electrical, telephone, cable television or other underground utilities or structures.
(e) 
The location, size, elevation and other appropriate description of any existing facilities or utilities at the point of connection to the proposed facilities and utilities within the subdivision.
(f) 
A grading plan wherein the elevation of each lot corner, house corner, lowest floor of house, garage floor, the edge of the driveway pavement and the slope of the driveway are shown. A series of arrows indicating the movement of water after grading shall be shown. In addition, soil erosion and sedimentation control measures shall be shown. If determined by the Town Engineer, due to the existence of difficult topographic problems, the grading plan shall be presented at a greater scale than herein required and by individual lot.
(g) 
All specifications and references required by the Town Construction Standards.[1]
[1]
Editor's Note: See Ch. A172, Construction Standards for Subdivisions and Site Plans.
(h) 
Notation of preliminary plat approval as follows:
Preliminary Plat Approved
By:
Owner
Date
Planning Board Chairman
Date
(i) 
The title, name, address, signature and seal of the professional engineer or surveyor and the date, including revision dates.
(6) 
Be accompanied by a minimum of 12 copies of the preliminary plat, which shall meet the following requirements:
(a) 
Be prepared by a licensed professional engineer or qualified land surveyor, at a convenient scale of not less than one inch equals 100 feet, and numbered in sequence if more than one sheet is used. The plans shall show the name, address, signature and seal of the professional engineer or surveyor.
(b) 
The location of the property with respect to surrounding property and streets, the names of all adjoining property owners of record and the names of adjoining streets and the tax identification numbers according to section, block and lot shall be shown.
(c) 
The location and dimensions of all boundary lines of the property.
(d) 
The location of existing streets, sewers, drains, water mains, easements, water bodies, streams and other pertinent features such as wetlands, rock outcrops, railroads, buildings and trees with a diameter of six inches or more, measuring four feet above ground level shall be shown. The width of all proposed or existing streets and easements should also be shown on the plat.
(e) 
The approximate location, dimensions and area of all proposed or existing lots, including areas subject to § A176-54, Lot dimensions; § A176-58, Water bodies; and § A176-60, Average density shall be shown.
(f) 
The location and dimensions of all property proposed to be set aside for park or playground use or other public or private reservations, with designation of the purpose thereof shall be shown.
(g) 
The name and address of the owner or owners of the land to be subdivided, and the name and address of the subdivider, if other than the owner shall be shown.
(h) 
The date of the map, approximate true North point, scale and title of the subdivision shall be shown.
(i) 
Sufficient data acceptable to the Town Engineer to determine readily the location, bearing and length of all lines and to reproduce such lines upon the ground and the location of all proposed monuments shall be shown.
(j) 
The suggested names of all new streets and the location of street name and traffic control signs and lighting standards shall be shown.
(k) 
Existing and proposed topography, at the same scale as the sketch plat, with a contour interval of two feet, referred to as "sea level datum" shall be shown. In addition, all data provided shall be the latest applicable United States Coast and Geodetic Survey data and should be so noted on the plat.
(l) 
A proposed stormwater drainage plan showing the elevations, locations and dimensions of pipes, structures, ditches or streams shall be provided. When requested by either the Town Engineer or Planning Consultant, the applicant shall submit a cross section of drainage facilities.
(m) 
The traffic control plan shall be shown.
(n) 
The lighting plan shall be shown.
(o) 
Whenever the provisions regarding average density of § 281 of the New York State Town Law are applied, this fact shall be properly noted by the subdivider on the preliminary plat.
(p) 
The following notations shall also be shown:
[1] 
An explanation of all easements, if any.
[2] 
An explanation of reservations, if any.
[3] 
The endorsement of owner, as follows:
Approved for filing:
Owner
Date
[4] 
A form for endorsement by Board Chairman, as follows:
Approved by resolution of the Haverstraw Town Planning Board
Planning Board Chairman
Date
B. 
Fees. Upon the filing of an application for an approval for a preliminary plat, the following fee shall be payable to the Town of Haverstraw: $75, plus $50 per lot. This fee may be changed from time to time by the Town Board's amending this chapter.

§ A176-20 Preliminary plat review.

A. 
General procedure. The Planning Board shall schedule a public hearing on the preliminary plat within 45 days after the official submittal date of an application for preliminary plat approval, unless extended by a written agreement between the applicant and Planning Board.
B. 
Public hearing.
(1) 
The Secretary of the Planning Board shall submit notices for publication, as required by the Town Law, and shall maintain file copies for the plat and construction plans for public review prior to the hearing.
(2) 
The applicant shall mail notices of the public hearing to abutting property owners by certified mail and shall submit evidence of said mailing to the Planning Board. The cost of the required mailings and publication of the notice of public hearing shall be borne by the applicant. Preliminary approval cannot be granted without a public hearing first being held.
C. 
Determination. At the public hearing, the Planning Board shall give an opportunity to any interested persons to examine or comment upon the plat and construction plans. After the public hearing, the Planning Board shall, within 45 days of the public hearing, approve, modify or disapprove the preliminary application by resolution, which shall set forth in detail any conditions to which the approval is subject or reasons for disapproval, pursuant to § 276 of New York State Town Law.
D. 
Revision of preliminary plat.
(1) 
Based upon the above resolution, the applicant shall have the preliminary plat revised, if necessary. This may require correcting and completing the preliminary plat in final form or drawing a new map.
(2) 
In the event of approval or modification, a final subdivision plat shall be prepared exactly as the approved preliminary plat, except for any changes required by the Planning Board. The preliminary construction plan shall also be completed in final form.
(3) 
In the event of disapproval, the applicant may initiate the subdivision plat review procedure from the sketch plat stage or discontinue the application.
E. 
Town Board approval of dedication. Before the Town Board approves a preliminary plat showing park reservation proposed to be dedicated to the town, the Planning Board shall obtain approval of the park reservation from the Town Board; said action shall be taken within 30 days after referral by the Planning Board.
F. 
Tenure and extensions of Planning Board approval. The approval of a preliminary plat shall be effective for a period of six months. The Planning Board may, however, extend such approval for an additional six-month period if requested on forms provided by the Planning Board at least 30 days prior to the expiration of the original approval. At the time of request for approval extension, the applicant shall submit, if applicable, 12 revised copies of the preliminary plat showing any changes within or adjacent to the holdings covered by the plat and shall also indicate whether there has been any final plat approval affecting any part of the applicant's holdings. If such request is not received, then the tentative approval of the preliminary plat shall be deemed to have expired.

§ A176-21 Final plat requirements; fee.

A. 
Application, contents, requirements and submissions. An application for approval of a final plat shall fulfill the following requirements. It shall:
(1) 
Be made on forms available at the office of the Secretary of the Planning Board.
(2) 
Designate block and lot numbers in accordance with the Town Tax Map as established by the Town Assessor.
(3) 
Include the entire subdivision or section thereof which derives access from a street improved to Town Construction Standards[1] or for which street a bond covering such improvements is held by the town.
[1]
Editor's Note: See Ch. A172, Construction Standards for Subdivisions and Site Plans.
(4) 
Be presented to the Secretary of the Planning Board at least three weeks prior to a regular meeting of the Planning Board. The date of the first regular meeting of the Board following the filing of a final plat approval application shall constitute the official submittal date of the plat for the purposes of this chapter.
[Amended 1-22-2001 by L.L. No. 6-2001]
(5) 
Comply in all respects with the sketch plat or preliminary plat, whichever is applicable, as approved, depending upon the classification of the subdivision.
(6) 
Be accompanied by all formal offers of cession to the public of all streets, utilities, parks and easements, deeds in filing form, title policy and required filing fee, in a form approved by the Town Attorney, and the final subdivision plat shall be marked with a notation indicating said formal offers of cession as follows:
The owner, or his representative, hereby irrevocably offers for gratuitous dedication to the Town of Haverstraw all the streets, easements, parks and required utilities shown on the subject subdivision plat and construction plans.
By
      Owner or Representative
Date
The Planning Board may require, with regard to parks, that the applicant deliver a deed to such park in proper form for recording, together with a title policy for the Town of Haverstraw, at the time of final application.
(7) 
Be accompanied by the necessary performance bond in the form and amount required by the appropriate Board upon recommendation of the Town Engineer and the Town Attorney, and an itemized list of the cost of all improvements shall be submitted. The performance bond shall be in the form of cash, securities or a letter of credit with no expiration date, approved by the Town Attorney.
(8) 
Be accompanied by an affidavit by the applicant declaring that the names of the property owners abutting and across the street from the subdivision are correct as shown on the latest tax assessment roll.
(9) 
Be accompanied by an inspection and engineering fee in an amount to be determined on the basis of the provisions of § A176-39, and the applicant shall submit a statement, in writing, that he will cause to be created or extended any improvement district, as required by the Planning Board, pursuant to Article IV of this chapter.
(10) 
Be accompanied by 12 copies of the final plat and the construction plans, which shall include the following:
[Amended 1-22-2001 by L.L. No. 6-2001]
(a) 
The final plat shall be at the same scale and contain the same information, except for any changes or additions required by resolution of the Planning Board, as shown on the preliminary plat. The preliminary plat may be used as the final subdivision plat if it meets these requirements and is revised in accordance with the Planning Board's resolution.
(b) 
All revision dates.
(c) 
The notation of any self-imposed restrictions and locations of any building lines proposed to be established in this manner if required by the Planning Board in accordance with § A176-76.
(d) 
The endorsement of the County Health Department, if required.
(e) 
Tax lot designations, as directed by the Town Assessor.
(f) 
Street addresses, if required by the post office.
B. 
Fees. Upon the filing of an application for an approval for a final plat, the following fee shall be payable to the Town of Haverstraw: $100, plus $50 per lot. This fee may be changed from time to time by the Town Board's amending this chapter.

§ A176-22 Final plat review.

A. 
Endorsement of Rockland County Health Department. The proposed final subdivision plat shall be properly endorsed by the Rockland County Health Department, as required by the Rockland County Sanitary Code, before being submitted to the Planning Board. The plat should otherwise be in final form before submission to the Rockland County Health Department for approval.
B. 
Public hearing.
(1) 
The Planning Board shall schedule a public hearing on the final subdivision plat within 45 days after the official submittal date of an application for final subdivision approval. Plats shall be scheduled for the public hearing in order of their receipt. The Secretary shall submit notices for publication, as required by New York State Town Law, and shall maintain file copies for the plat and construction plans for public review prior to the hearing.
(2) 
The applicant shall mail notices of the public hearing to abutting property owners by certified mail and shall submit evidence of said mailing to the Planning Board. The applicant shall be responsible for covering the cost of the mailings and publication of the notice of public hearing.
C. 
Referral to Rockland County Commissioner of Planning.
(1) 
To comply with Article 12B, §§ 239-k and 239-n of the General Municipal Law, all subdivisions in the following locational categories shall be referred to the Rockland County Commissioner of Planning prior to final action by the Planning Board:
(a) 
Real property within 500 feet of a:
[1] 
Municipal boundary.
[2] 
County or state park, existing or proposed.
[3] 
Right-of-way of any existing or proposed county or state road/parkway/throughway.
[4] 
Boundary of any existing or proposed county- or state-owned land on which a public building or institution is situated.
(b) 
Real property within 1,000 feet of a right-of-way of any existing or proposed county drainage channel or stream for which the county has established channel lines.
(2) 
If the Rockland County Commissioner of Planning fails to report within a thirty-day period or such longer period as may have been agreed upon by it and the referring agency, the Planning Board may act without such report.
(3) 
If the Rockland County Commissioner of Planning disapproves the proposal or recommends modification thereof, the Planning Board shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all the members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary action.
(4) 
Within seven days after final action by the Board, a report of the Board's final action shall be filed with the Rockland County Commissioner of Planning.
D. 
Public hearing and resolution approving or disapproving application. At the public hearing, the Planning Board shall give an opportunity to any interested persons to examine or comment upon the plat and construction plans. After the public hearing, the Planning Board shall, within 45 days of the public hearing, approve, modify and approve or disapprove the subdivision application by resolution, which shall set forth in detail any conditions to which the approval is subject or reasons for disapproval, pursuant to § 276 of New York State Town Law. The forty-five-day time limit may be extended by a written agreement between the applicant and the Planning Board.
E. 
Revision of final subdivision plat. If required, the applicant shall have the final subdivision plat revised based on the above-noted resolution. The final subdivision plat shall be exactly the same as the approved preliminary plat, except for any changes required by the Planning Board. The construction plan shall also be completed in final form as required by the Planning Board.
F. 
Submission and review of revised final plat. After completion of the final subdivision plat and construction plans in accordance with the Planning Board's resolution, 12 copies of each shall be submitted to the Planning Board for final review. No final approval shall be endorsed on the plat by the Planning Board Chairman until a review has indicated that all requirements of the resolution have been met.

§ A176-23 Signing of final plat; filing; display.

A. 
Time of signing. The Chairman of the Planning Board shall endorse approval on the plat after the bond has been approved by the Town Board and all the conditions of the resolution pertaining to the plat and payment of all fees have been satisfied.
B. 
Number of copies to be signed. The Chairman shall sign the Mylar original of the subdivision plat, which shall be returned to the applicant, and 16 complete sets of the subdivision plat, six of which shall be retained by the Planning Board, one by the Town Highway Superintendent, two by the Town Tax Assessor, one by the Building Inspector and one by the Planning Consultant.
[Amended 1-22-2001 by L.L. No. 6-2001]
C. 
Plat void if revised after signature. No changes, erasures, modifications or revisions shall be made in any subdivision plat after approval has been given by the Board and endorsed, in writing, on the plat. In the event that any subdivision plat, when recorded, contains any such changes, the plat shall be considered null and void, and the Planning Board shall institute proceedings to have said plat stricken from the records of the County Clerk. Any erasures made on a plat prior to its signing shall be initialed by the Chairman at the time of signing.
D. 
Filing plat with County Clerk. In accordance with New York State Town Law, the plat shall be filed with the office of the County Clerk within 90 days of the date of the signing of the plat. The approval of any plat not so filed shall expire 60 days from said date. In accordance with the New York State Town Law, the County Clerk shall notify the Planning Board, in writing, within three days of the filing of the plat, identifying such plat by its title, date of filing, book and map page and map number.
E. 
Submission of copies of filed maps. The applicant shall submit 12 copies of the final plat showing the endorsement of the County Clerk to the Secretary of the Planning Board within 30 days of the date of filing.
F. 
Display of copies of filed maps. A copy of the approved final plat, together with a vicinity map as described in § A176-17, shall be prominently displayed in every model home within the subdivision as well as in the field construction office and listing real estate agent's office.

§ A176-24 Duration of Planning Board approval; extension.

[Amended 8-13-2012 by L.L. No. 3-2012]
A. 
The approval of a final subdivision plat shall be effective for a period of three years from the date of resolution. If, at the end of the three-year period, the applicant has not completed construction on any lot in the subdivision, the final subdivision plat, as it applies to any lot on which construction has not been completed (completion being evidenced by issuance of a certificate of occupancy) shall, upon referral of the plat by the Building Inspector to the Planning Board, be subject to modification by the Planning Board in order to require compliance with any change in state and/or local law and/or regulation as to requirements for wetlands, drainage and/or emergency access, except that in no event shall the owner of any such property be required to modify any public or private road which has already been laid out with at least a base course nor modify any utility or drainage structures constructed in accordance with the original subdivision approval.
B. 
In situations where the above time limit expires and referral is made by the Building Inspector for modification, the owner of the undeveloped lots shall file an application to the Planning Board for modification of final subdivision approval upon the same forms and following the same procedure as is required by this chapter for final subdivision approval in the first instance.

§ A176-25 Compliance with State Environmental Quality Review Act; fees.

A. 
General procedure. The provisions of the State Environmental Quality Review Act (SEQRA)[1] shall be complied with, as appropriate. The Planning Board shall not render final approval until such time as all SEQRA requirements have been complied with by the applicant. The Planning Board shall review the required SEQRA information prior to granting any approvals.
[1]
Editor's Note: See Art. 8 of the Environmental Conservation Law.
B. 
Fees.
(1) 
Fees for SEQRA processing are in addition to other fees required by this chapter.
(2) 
Environmental impact statement.
(a) 
When an action subject to SEQRA involves an applicant, the lead agency may charge a fee to the applicant in order to recover the actual costs of preparing or reviewing the environmental impact statement; provided, however, that an applicant may not be charged a separate fee for both the preparation and review of an environmental impact statement, and provided further that any fee charged must reflect the actual costs to the lead agency for such preparation or review.
(b) 
Where an applicant does not choose to prepare the environmental impact statement, the agency shall provide the applicant, upon request, with an estimate of the costs for preparing such statement based on the total cost of the project for which funding or approval is sought, and if desired by the applicant, shall hire the necessary consultants to prepare the required environmental review.
(3) 
In the case of a residential project, the fee charged by an involved agency may not exceed 2% of the total project cost. For residential projects, the total project cost shall be the cost of the land plus the cost of all site improvements required, not including the cost of buildings and structures.
(4) 
In the case of a nonresidential construction project, the fee charged may not exceed 1/2 of 1% of the total project cost. For nonresidential construction projects, the total project cost shall be the cost of supplying utility service to the project, the cost of site preparation and the cost of labor and material as determined with reference to a current cost data publication in common usage, such as Building Construction Cost Data by Means.
(5) 
Appeals procedure. When a dispute arises concerning fees charged to an applicant by any involved agency, the applicant may make a written appeal to the agency, setting forth reasons why it is felt that such fees are inequitable. Upon receipt of a request, the chief fiscal officer of the agency or his designee shall examine the agency record and prepare a written response to the applicant, setting forth reasons why the applicant's claims are valid or invalid.
(6) 
The services of the Planning Board technical staff may be made available to other agencies on a fee basis, reflecting the costs thereof, and the fee charged to any applicant pursuant to Subsection B(1) of this section may reflect such costs.