Whenever any subdivision of land is proposed,
before any contract 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,
shall apply for and secure approval of such proposed subdivision in
accordance with the procedures set forth in this article.
A.
Discussion of requirements. Before preparing the sketch
plat, the applicant may discuss with the Planning Board, or its representative,
the requirements for reservations of land, street improvements, drainage,
sewerage, water, fire protection, and similar aspects, as well as
the availability of existing services. The applicant should also discuss
the sketch plat with the State Health Department whose approval is
required in the case of subdivisions containing five or more lots.
B.
Application procedure. Prior to filing an application
for the approval of a subdivision plat, the applicant shall file an
application for the approval of a sketch plat. The application shall:
(1)
Be made on forms available of the Office of the Town
Clerk.
(2)
Include all land which the applicant proposes to subdivide
as well as all lands owned by the applicant adjacent to the area proposed
for subdivision.
(4)
Comply in all respects with Article IV of this chapter and with the provisions of §§ 276 and 277 of the Town Law, except where a modification may be specifically authorized by the Planning Board.
(5)
Be presented to the Chairman of the Planning Board.
(6)
Be accompanied by a fee of $24 plus $1.25 for each
lot within the subdivision proposed for approval at least two weeks
before the next regularly scheduled Planning Board meeting. If the
applicant subsequently elects not to file an application for approval
of a subdivision plat, 1/2 the fee shall be returned.
C.
Study of sketch plat. The Planning Board will carefully
study the practicability of the sketch plat, taking into consideration
the requirements of the community and the best use of the land being
subdivided. Particular attention will be given to the arrangement,
location, and width of streets, their relation to the topography of
the land, sewerage disposal, drainage, lot sizes and arrangement,
the future development of adjoining lands as yet unsubdivided, and
the requirements of the Comprehensive Plan and the Official Map as
they may be adopted.
D.
Applicant to attend Planning Board meeting. The applicant
should be prepared to attend the next regular meeting of the Planning
Board and any subsequent meetings deemed necessary by the Chairman
of the Planning Board to discuss the sketch plat.
E.
Required changes for conditional approval. Within
45 days after the time of submission of a sketch plat, the Planning
Board shall take action to conditionally approve, with or without
modifications, or disapprove such sketch plat and the ground of any
modification required or the ground for disapproval shall be stated
upon the records of such Planning Board. Failure of the Planning Board
to act within such forty-five-day period shall constitute a conditional
approval of the sketch plat.
A.
Application procedure. Within six months of the conditional
approval of the sketch plat, the applicant shall file with the Planning
Board an application for approval of a subdivision plat. The application
shall:
(1)
Be made on forms provided by the Planning Board at
the time of conditional approval of the sketch plat.
(2)
Include the entire subdivision.
(3)
Be accompanied by three copies of the subdivision plat and the construction detail sheets, as described in Article VI, § 230-20, of this chapter.
(4)
Comply in all respects with the sketch plat as conditionally
approved.
(5)
Be presented to the Chairman of the Planning Board
at least two weeks prior to a regular meeting of the Board in order
that a public hearing may be scheduled and the required notice given.
B.
Official submittal date. The subdivision plat shall
be considered officially submitted only at the regular meeting of
the Planning Board following completion of the application procedure
outlined above.
C.
Endorsement of State Health Department. The proposed
subdivision plat shall be properly endorsed by the State Health Department
as meeting the standards of the State Sanitary Code, Public Health
Law, or other applicable health code, before any public hearing is
scheduled. The plat should be in final form before State Health Department
approval.
D.
County official map notification. The Planning Board
will also, if the county has established County Official Map, notify
the Madison County Planning Board and the County Superintendent of
Highways or Commissioner of Public Works, if the subdivision plat
proposes structures or new streets having frontage on, access to,
or is otherwise directly related to any county road, existing or proposed,
as shown on the County Official Map. The County Planning Board reports
to the Planning Board within 30 days on its approval or disapproval,
or its approval subject to stated conditions, of the proposed subdivision
plat. The plat may be approved by the Town subject to stated conditions,
notwithstanding such report, when the application of such report will
act to deprive the owner of the reasonable use of his land.
E.
Public hearing. Before the Planning Board acts on
any subdivision plat, it shall hold a public hearing thereon within
the time of official submittal date in accordance with § 276,
Subdivision 6, of the Town Law. If any zoning changes are to be requested
at the time of approval of the subdivision plat, a public hearing
thereon must be held in accordance with § 278 of the Town
Law. The two public hearings may be held at the same time.[1]
F.
Action on proposed subdivision plat. After careful
study, the Planning Board shall, within the time provided by § 276,
Subdivision 6, of the Town Law from the public hearing on the subdivision
plat, approve, modify, or disapprove such plat. The grounds for disapproval
of any plat shall be stated on the records of the Planning Board.
A subdivision plat shall not be signed by the authorized officers
of the Planning Board until the applicant has met all the conditions
of the action granting approval such plat.[2]
G.
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 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 Board shall institute proceedings to have said plat stricken
from the records of the County Clerk.
H.
Signing of plat.
(1)
Every subdivision plat submitted to the Board for
its approval shall carry the following endorsement:
|
Approved by resolution of the Planning Board
of the Town of Sullivan, New York, on the _____ day of _______________,
19_____, subject to all requirements and conditions of said resolution.
Any change, erasure, modification, or revision of this plat, as approved,
shall void this approval. Signed this _____ day of _______________,
19____, by
| |||
|---|---|---|---|
|
Chairman
|
Secretary
| ||
(2)
In the absence of the Chairman or Secretary, the Acting
Chairman or Acting Secretary, respectively, may sign in his place.
If there is a County Official Map, such endorsement shall stipulate
that the plat does not conflict with the County Official Map or, in
cases where the plat does not conflict with the County Official Map
or, in cases where the plat does front on or have access to or is
otherwise related to roads or drainage systems shown on the County
Map, that such plat has been approved by the County Planning Board
in the manner specified by § 239-f of the General Municipal
Law.[3]
A.
Improvements and performance bond. Prior to an action
by the Planning Board approving a subdivision plat, the applicant
shall be required to complete, in accordance with the Planning Board's
decision and to the satisfaction of the appropriate Town departments,
all the street, sanitary, and other improvements specified in the
action approving said plat or, as on alternative, to file with the
Town Board a bond in an amount estimated by the Planning Board to
secure to the Town the satisfactory construction and installation
of the incompleted portion of the required improvements. A period
of one year, or such other period not to exceed three years, as the
Planning Board may determine appropriate, within which required improvements
must be completed, shall be specified by the Planning Board and expressed
in the bond. Such performance bond shall comply with the requirements
of § 277 of the Town Law, and shall be satisfactory to the
Town Board as to form, sufficiency, and manner of execution. The bond
shall provide that an amount determined adequate by the Planning Board
and of a minimum of 10% of the original bonded amount shall be retained
for a period of one year after the date of completion of the required
improvements to assure their satisfactory condition and operation.
All required improvements shall be made by the applicant at his expense
without reimbursement by the Town or any district therein. Said improvements
shall include the following:
(1)
Streets and street lighting facilities;
(2)
Street sign;
(3)
Curbs and gutters;
(4)
Grass curb strips;
(5)
Sidewalks;
(6)
Street shade trees;
(7)
Monuments;
(8)
Storm water runoff system;
(9)
Sanitary sewage collection system;
(10)
Water supply system;
(11)
Electrical, telephone, and utility lines; and
(12)
Plantings and ground cover.
B.
Inspection of improvements. The Town shall employ
an inspector to act as agent of the Planning Board for the purpose
of assuring the satisfactory completion of improvements required by
the Planning Board, and shall determine an amount sufficient to defray
costs of inspection. The applicant shall pay the Town costs of inspection
before the subdivision plat is signed for filing. If the Planning
Board or its agent finds, upon inspection, that any of the required
improvements have not been constructed in accordance with the approved
construction detail sheets, the applicant and the bonding company
will be severally and jointly liable for the costs of completing said
improvements according to specifications.
C.
Offers of cession and releases.
(1)
The plat shall be endorsed with the necessary agreements
in connection with required easements or releases. Offers of cession
to the Town shall be presented prior to plat approval.
(2)
Formal offers of cession to the Town of all streets
and parks, not marked on the plat with notation to the effect that
such cession will not be offered, shall be filed with the Planning
Board prior to plat approval.
(3)
Before final approval of the subdivision plat, the
Planning Board will require a certificate of approval from the Town
Attorney as to the legal sufficiency of the offers of cession by the
subdivider of the areas for public use, such as parks, streets, playgrounds,
and other areas.
Upon completion of all requirements set forth
in the action approving the subdivision plat, the plat shall be properly
signed by the appropriate officers of the Planning Board and shall
be filed by the applicant in the office of the Madison County Clerk.
Any subdivision plat not so filed within 62 days of the date of Planning
Board signature shall become null and void.
For a resubdivision, the same procedure, rules,
and regulations apply as for a subdivision.
The approval by the Planning Board of a subdivision
plat shall not be deemed to constitute or imply the acceptance by
the Town of any street, park, playground, or other open space shown
an said plat. The Planning Board may require said plat to be endorsed
with appropriate notes to this effect. The Planning Board may also
waive the land requirement for parks, playgrounds, or open spaces
subject to appropriate conditions. Such conditions may include the
payment of a reasonable sum of money, provided the money is specifically
earmarked for a park, playground, or open space which will be available
for use by the residents of the subdivision in question. The Planning
Board may require the filing of a written agreement between the applicant
and the Town Board covering future title, dedication, and provision
for the cost of grading, development, equipment, and maintenance of
any park or playground area, as well as a written agreement covering
the maintenance and plowing of all streets within the subdivision
until such time as they are accepted for public maintenance by the
Town Board.
Upon posting of the performance bond in accordance with § 235-8A and after approval and filing of the subdivision plat, the subdivider may initiate land sales or construction of the subdivision itself.
