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.
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.
The Planning Board shall comply with the provisions of the State
Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law and its implementing regulations.