A. 
Application and fee.
(1) 
Within six months after classification of the sketch plan as a major subdivision plat, the subdivider shall file an application for the approval of a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked "preliminary plat" and shall be in the form described in Article V, § 120-9 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 Article V, § 120-9 of these regulations, except where a waiver may be specifically authorized by the Planning Board.
(2) 
All applications for the preliminary plat shall be accompanied by a fee set by the Town Board and stated in the fee schedule.
[Amended 5-15-2012 by L.L. No. 2-2012; 7-9-2012 by L.L. No. 4-2012]
B. 
Number of copies. Five copies of the preliminary plat and one Mylar shall be presented to the Secretary of the Planning Board at least 15 days prior to the next regular Planning Board meeting.
[Amended 2-8-1993 by L.L. No. 1-1993; 3-11-2002 by L.L. No. 3-2002; 10-9-2018 by L.L. No. 1-2018]
C. 
Subdivider to attend Planning Board meeting. The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the preliminary plat.
D. 
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, the future development of adjoining lands as yet unsubdivided, and the requirements of Chapter 140, Zoning.
E. 
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date on which the application for approval of the preliminary plat, complete and accompanied by the required fee and all data required by Article V, § 120-8, of these regulations, has been filed with the Secretary of the Planning Board.
F. 
Approval of the preliminary plat.
(1) 
Within 62 days after the receipt of such preliminary plat by the Secretary of the Planning Board, the Planning Board shall hold a public hearing, which hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat. Within 62 days after the date of such hearing, the Planning Board shall approve with or without modification or disapprove such preliminary plat, and the reason for a modification, if any, or the basis for disapproval shall be stated upon the records of the Planning Board. The time in which the Planning board must take action on such plat may be extended by mutual consent of the subdivider and the Planning Board. When so approving a preliminary plat, the Planning Board shall state in writing modifications, if any, as it deems necessary for submission of the plat in final form. Within five days of the approval of such preliminary plat it shall be certified by the duly authorized officer as granted preliminary approval and a copy filed in the Town Clerk's office, a certified copy mailed to the owner, and a copy forwarded to the Town Board. Failure of the Planning Board to act within such sixty-two-day period shall constitute approval of the preliminary plat.
[Amended 3-11-2002 by L.L. No. 3-2002; 10-3-2011 by Ord. No. 2-2011]
(2) 
When granting approval to a preliminary plat, the Planning Board shall state the terms of such approval, if any, with respect to (1) the modifications to the preliminary plat, (2) 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 and general welfare, (3) the amount of improvement or the amount of all bonds therefor which it will require as prerequisite to the approval of the subdivision plat. 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 to approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations. 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 a result of new information obtained at the public hearing.
The following documents shall be submitted for approval:
A. 
Application information. The preliminary plat shall be prepared at a scale of not more than 100 feet but preferably not less than 50 feet to the inch, showing:
[Amended 2-8-1993 by L.L. No. 1-1993]
(1) 
Proposed subdivision name, name of town and county in which it is located, date, true north point, scale, location map, name and address and signature of owner of record, subdivider, engineer and surveyor, including license numbers and seals.
(2) 
The name of all subdivisions immediately adjacent and the name of the owners of record of all adjacent property.
(3) 
Zoning district, including exact boundary lines of district, if more than one district, and any proposed changes in the zoning district lines and/or Chapter 140, Zoning, text applicable to the area to be subdivided.
(4) 
All parcels of land proposed to be dedicated to public use and the conditions of such dedication.
(5) 
Location of existing property lines, easements, buildings, watercourses, marshes, rock outcrops, springs, sinkholes, wooded areas, and other significant existing physical features in the proposed subdivision and adjacent properties.
(6) 
Location of existing sewers, water mains, culverts and drains on the property, with pipe sizes, grades and direction of flow.
(7) 
Contours with intervals of five feet or less as required by the Board, including elevations on existing roads. Approximate grading plan if natural contours are to be changed more than two feet.
(8) 
The width and location of any streets or public ways or places shown on the Official Map within the area to be subdivided and the width, location, grades and street profiles of all streets or public ways proposed by the developer.
(9) 
The approximate location and size of all proposed water lines, valves, hydrants and sewer lines, and fire alarm boxes. Connection to existing lines or alternate means of water supply or sewage disposal and treatment as provided in the Public Health Law. Profiles of all proposed water and sewer lines.
(10) 
Storm drainage plan indicating the approximate location and size of proposed lines and their profiles. Connection to existing lines or alternate means of disposal.
(11) 
Where the topography is such as to make difficult the inclusion of any of the required facilities within the public area as laid out, the preliminary plat shall show the boundaries of proposed permanent easements over or under private property, which permanent easements shall not be less than 20 feet in width and which shall provide satisfactory access to an existing public highway or other public highway or public open space shown on the subdivision or the Official Map.
[Amended 3-11-2002 by L.L. No. 3-2002]
(12) 
An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified to by a licensed land surveyor. The corners of tract shall also be located on the ground and marked by substantial monuments of such size and type as approved by the Town Engineer, and shall be referenced and shown on the plat.
[Amended 3-11-2002 by L.L. No. 3-2002]
B. 
Requirements for phased development. If the application covers only a part of the subdivider's entire holding, a map of the entire tract, drawn at a scale of not less than 400 feet to the inch, showing an outline of the platted area with its proposed streets and indication of the probable future street system with its grades and drainage in the remaining portion of the tract and the probable future drainage layout of the entire tract shall be submitted. The part of the subdivider's entire holding submitted shall be considered in the light of the entire holdings.
C. 
Covenants. A copy of such covenants or deed restrictions as are intended to cover all or part of the tract.
The following documents shall be submitted for plat approval:
A. 
The plat to be filed with the County Clerk shall be printed upon drafting film or be clearly drawn in India ink upon tracing cloth. The size of the sheets shall be 24 inches by 36 inches or 36 inches by 42 inches, including a margin for binding of two inches, outside of the border, along the left side, with a margin of one-inch outside of the border along the remaining sides. The plat shall be drawn at a scale of no more than 100 feet to the inch and oriented with the north point at the top of the map. When more than one sheet is required, an additional index sheet of the same size shall be filed showing to scale the entire subdivision with lot and block numbers clearly legible. The plat shall show:
(1) 
Proposed subdivision name or identifying title and the name of the town and county in which the subdivision is located, the name and address of record owner and subdivider, name, license number and seal of the licensed land surveyor.
(2) 
Street lines, pedestrian ways, lots, reservations, easements and areas to be dedicated to public use.
(3) 
Sufficient data acceptable to the Town Engineer to determine readily the location, bearing and length of every street line, lot line, boundary line, and reproduce such lines upon the ground.
(4) 
The length and bearing of all straight lines, radii, length of curves and central angles of all curves, tangent bearings shall be given for each street. All dimensions and angles of the lines of each lot shall also be given. All dimensions shall be shown in feet and decimals of a foot. The plat shall show the boundaries of the property location, graphic scale and true north point.
(5) 
The plat shall also show by proper designation thereon all public open spaces for which deeds are included and those spaces title to which is reserved by the developer. For any of the latter, there shall be submitted with the subdivision plat copies of agreements or other documents showing the manner in which such areas are to be maintained and the provisions made therefor.
(6) 
All offers of cession and covenants governing the maintenance of unceded open space shall bear the certificate of approval of the Town Attorney as to their legal sufficiency.
(7) 
Lots and blocks within a subdivision shall be numbered and lettered in alphabetical order in accordance with the prevailing Town practice.
(8) 
Permanent reference monuments shall be shown, and shall be constructed in accordance with specification of the Town Engineer. When referenced to the state system of plane coordinates, they shall also conform to the requirements of the State Department of Transportation. They shall be placed as required by the Town Engineer and their location noted and referenced upon the plat.
(9) 
All lot corner markers shall be permanently located satisfactory to the Town Engineer, at least 3/4 inches (if metal) in diameter and at least 24 inches in length, and located in the ground to existing grade.
(10) 
Monuments of a type approved by the Town Engineer shall be set at all corners and angle points of the boundaries of the original tract to be subdivided; and at all street intersections, angle points in street lines, points of curve and such intermediate points as shall be required by the Town Engineer.
B. 
Construction drawings, including plans, profiles, and typical cross-sections, as required, showing the proposed location, size and type of streets, sidewalks, streetlighting standards, street trees, curbs, water mains, sanitary sewers and storm drains, pavements and subbase, manholes, catch basins and other facilities.
A. 
Application for approval and fee. 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 blank 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.
[Amended 5-15-2012 by L.L. No. 2-2012; 7-9-2012 by L.L. No. 4-2012]
B. 
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 Board with five copies of the plat (one of which shall be on drafting film or acceptable equivalent), along with a true copy of all offers of cessations, covenants and agreements and two prints of all construction drawings.
[Amended 2-8-1993 by L.L. No. 1-1993]
(1) 
The preferred size is 11 inches by 17 inches.
[Amended 10-9-2018 by L.L. No. 1-2018]
(2) 
Maps/plats larger than 11 inches by 17 inches must be submitted on a CD with both a PDF and TIFF file along with five copies plus one Mylar.
[Amended 10-9-2018 by L.L. No. 1-2018]
C. 
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date on which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by Article V, § 120-10 of these regulations, has been filed with the Secretary of the Planning Board.
D. 
Endorsement of state and county agencies. Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by Schoharie 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 Schoharie County Department of Health shall be secured by the subdivider before official submission of subdivision plat.
E. 
Public hearing. Within 62 days of the submission of a plat in final form for approval, a hearing shall be held by the Planning Board. This hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing; provided, however, that when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § 120-8 of this article, and modified in accordance with requirements of such approval if such preliminary plat has been approved with modification, the Planning Board may waive the requirement for such public hearing.
[Amended 10-3-2011 by L.L. No. 2-2011]
F. 
Action on proposed subdivision plat.
(1) 
The Planning Board shall by resolution conditionally approve, conditionally approve with or without modification, disapprove, or grant final approval and authorize the signing of such plat within 62 days after the date of such hearing. This time may be extended by mutual consent of the subdivider and the Planning Board. Failure to take action on a final plat within the time prescribed therefor shall be deemed approval of the plat.
[Amended 10-3-2011 by L.L. No. 2-2011]
(2) 
Upon resolution of conditional approval of such final plat the Planning Board shall empower duly authorized officers to sign the plat upon completion of such requirements as may be stated in the resolution. Within five days of such resolution the plat shall be certified by the Secretary of the Planning Board as conditionally approved and a copy filed in his office and a certified copy mailed to the subdivider. The copy mailed to the subdivider shall include a certified statement of such requirement which, when completed will authorize the signing of the conditionally approved final plat. Upon completion of such requirements, the plat shall be signed by said duly authorized officers of the Planning Board. Conditional approval of a final plat shall expire 180 days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signatures, if in its opinion such extension is warranted in the circumstances, for not to exceed two additional periods of 90 days each.
G. 
Public acceptance of streets. 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, easement, or other open space shown on such subdivision plat.
H. 
Ownership and maintenance of recreation areas. When a park, playground, or other recreation 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 provision for the cost of grading, development, equipment, and maintenance of any such recreation area.