A.
All prospective applicants, their agents, and engineers
may request a pre-sketch plan meeting with the Engineer for the Planning
Board to discuss technical issues associated with potential subdivisions.
If such a meeting is requested, attendance by the applicant's design
professional is mandatory.
B.
Technical workshop fee. See fee schedule, on file
in the Town Clerk's office and in the Planning Board's office.
(1)
If the meeting is postponed or canceled by or in behalf
of the prospective applicant within two working days of the scheduled
meeting, the fee will be refunded or, if requested by or in behalf
of the prospective applicant, applied to a future Technical Workshop
meeting.
(2)
If the meeting is canceled by or in behalf of the
prospective applicant on less notice or if the applicant's design
professional fails to attend the meeting, the fee shall be forfeited.
Sketch plan review is required of all prospective
applicants, their agents, and engineers, so that they and the Planning
Board may obtain knowledge of the necessary and critical natural,
cultural, and ecological resources that may influence the design of
the site and to ensure consistency with the Comprehensive Plan.
A.
Minor subdivision.
(1)
Prior to the submission of a preliminary plat, the
applicant shall submit a sketch plan identifying the proposed lot
layout.
(a)
For a minor subdivision, the sketch plan shall recognize natural features identified as Primary and Secondary Conservation Areas in § 235-14.1A(2)(a) of the Town Code, but no formal land conservation analysis or Planning Board findings are required.
(b)
Property lines shall, to the extent practicable,
be drawn along existing natural or cultural features (e.g., stonewalls,
hedgerows) or shall be perpendicular to a roadway and drawn in such
a manner as to create lots that are substantially delineated by right
angles.
(2)
The sketch plan shall also include:
(a)
A location map, at a scale of not more than
2,000 feet to the inch, showing all boundaries in relation to existing
major streets and other community facilities which may serve it.
(b)
The Tax Map section, block and lot numbers.
(c)
The zoning district(s) where the property proposed
to be subdivided is located.
(d)
All existing structures, wooded areas, streams
and significant physical features within the property to be subdivided
and within 100 feet thereof.
(e)
The proposed layout, including pattern of lots
(with approximate dimensions and area of each lot), streets and recreation
areas at a scale of not more than 100 feet to the inch; provided,
however, that for subdivisions of parcels of less that 10 acres, the
scale to be used shall be one inch equals 50 feet or one inch equals
fewer than 50 feet.
(f)
All streets that are mapped or built within
200 feet of the proposed subdivision.
(g)
Boundaries and names of owners of adjacent properties.
(h)
Furthermore, the Planning Board may require
that certain of the following existing site conditions shall be shown:
[1]
Topographic contours at two-foot intervals.
[2]
Streets, rights-of-way, and easements on the
property and within 200 feet of its boundaries.
[3]
Buildings and other structures located within
200 feet of the site.
[4]
Drainage structures on the property and within
200 feet of its boundaries, including the type of structure, location,
invert elevations, gradients, types and sizes of all pipe and of all
other structures where applicable.
[5]
Location and size or capacity of all other utility
structures, such as water and gas mains and power lines on the property
and within 200 feet of its boundaries.
[6]
Subsurface data at least to standards and requirements
of the Orange County Department of Health, including date, location,
and graphic representation of findings for all test holes, including
groundwater level and critical conditions and areas where drainage
structures requiring seepage are to be constructed.
(3)
When the Planning Board is satisfied that the sketch
plan is complete, the applicant may prepare and submit a preliminary
plat for consideration and action by the Planning Board.
B.
Major subdivision.
(1)
Land conservation analysis.
(a)
Prior to the submission of a sketch plan, the applicant shall prepare a land conservation analysis in accordance with § 235-14.1A(2)(a) of the Town Code.
(b)
The land conservation analysis is subject to
approval by the Planning Board, which shall adopt a written findings
statement that identifies the lands to be preserved, areas to be avoided,
and design principles for the site.
(c)
Upon approval of the land conservation analysis
by the Planning Board, the applicant may prepare and submit a sketch
plan for Planning Board consideration.
(2)
The sketch plan shall also include:
(a)
A location map, at a scale of not more than
2,000 feet to the inch, showing all boundaries in relation to existing
major streets and other community facilities which may serve it.
(b)
The Tax Map section, block and lot numbers.
(c)
The zoning district(s) where the property proposed
to be subdivided is located.
(d)
All existing structures, wooded areas, streams
and significant physical features within the property to be subdivided
and within 100 feet thereof.
(e)
The proposed layout, including pattern of lots
(with approximate dimensions and area of each lot), streets and recreation
areas at a scale of not more than 100 feet to the inch; provided,
however, that for subdivisions of parcels of less that 10 acres, the
scale to be used shall be one inch equals 50 feet or one inch equals
fewer than 50 feet.
(f)
All streets that are mapped or built within
200 feet of the proposed subdivision.
(g)
Boundaries and names of owners of adjacent properties.
(h)
Furthermore, the Planning Board may require
that certain of the following existing site conditions shall be shown:
[1]
Topographic contours at two-foot intervals.
[2]
All primary and secondary conservation areas
as identified in the land conservation analysis.
[3]
Streets, rights-of-way, and easements on the
property and within 200 feet of its boundaries.
[4]
Buildings and other structures located within
200 feet of the site.
[5]
Drainage structures on the property and within
200 feet of its boundaries, including the type of structure, location,
invert elevations, gradients, types and sizes of all pipe and of all
other structures where applicable.
[6]
Location and size or capacity of all other utility
structures, such as water and gas mains and power lines on the property
and within 200 feet of its boundaries.
[7]
Subsurface data at least to standards and requirements
of the Orange County Department of Health, including date, location,
and graphic representation of findings for all test holes, including
groundwater level and critical conditions and areas where drainage
structures requiring seepage are to be constructed.
[8]
An analysis of the site's solar access including an analysis
of the proposed street layout and building layout to ensure maximum
access to the sun for future provision of solar energy systems with
the project shall be provided.
[Added 8-8-2017 by L.L.
No. 7-2017]
(3)
When the Planning Board is satisfied that the sketch
plan is complete, the applicant may prepare and submit a preliminary
plat for consideration and action by the Planning Board.
Preliminary plat review is required for all major and minor subdivisions. It is the point at which the Planning Board establishes the feasibility of the maximum potential development of the property and the general configuration of internal roadways, stormwater drainage, and water supply and sanitary sewer systems. For major subdivisions, the process established in § 235-14.1A of the Town Code shall be followed to determine lot count and arrangement of lots. For minor Subdivisions, the process established in § 235-14.1B of the Town Code shall be followed to determine lot count and arrangement of lots.
A.
Preliminary plat submission. A complete preliminary plat submission shall comply with the provisions noted in Subsection A(1) through (9) immediately below. The Planning Board may waive the requirement of one or more of these provisions if it determines that recognition of such provision is not relevant to its decision making process. Any such waiver shall be made by written resolution of the Planning Board that clearly states the reason for its action.
(1)
Town Planning Board's application for subdivision
of land.
(2)
A cover sheet (prepared at the same size as an overall
layout plan) shall, at a minimum, contain:
(a)
Name of the subdivision and identification of
the section, block, and lot number of all tax parcels included in
the application.
(b)
Name and address of the applicant and record
owner of each tax parcel.
(c)
Name, address, license number and seal and signature
of the design professional who prepared the drawings.
(d)
Date of original preparation and of each subsequent
revision.
(e)
A key map, at a scale of not more than 2,000
feet to the inch (or less if required by the Planning Board), which
indicates the location of the site in the context of major roads (and
streets if an existing subdivision); rivers, lakes, wetlands, and
political subdivisions. Adjacent properties within 200 feet of the
site shall be identified by the Tax Map section, block and lot numbers
and, if part of a filed subdivision plat, also by the subdivision
name, lot and block numbers. Boundaries of special districts (such
as water, sewer, fire, school, lighting, etc.) shall be shown.
(f)
(g)
Certification to the Town by a licensed land
surveyor that all boundaries, easements, encroachments, and rights-of-way
are true and accurate.
(3)
A preliminary plat shall, at a minimum:
(a)
Be prepared by an appropriate design professional
at a graphic scale of not more than 50 feet to the inch and contain
a graphic scale and North arrow.
(b)
Provide topographic contours at two-foot intervals.
(c)
Show existing site conditions, including:
[1]
All primary and secondary conservation areas
as identified in the land conservation analysis, each distinguished
by a different color (other than gray, black, or white).
[2]
Streets, rights-of-way, or easements on the
property and within 200 feet of its boundaries.
[3]
Center-line elevations at intersections and
other critical points.
[4]
Buildings and other structures located within
200 feet of the site.
[5]
Drainage structures on the property and within
200 feet of its boundaries, including the type of structure, location,
invert elevations, gradients, types and sizes of all pipe and of all
other structures where applicable.
[6]
Location and size or capacity of all other utility
structures, such as water and gas mains and power lines on the property
and within 200 feet of its boundaries.
[7]
Location of any rock outcroppings.
[8]
Subsurface data at least to standards and requirements
of the Orange County Department of Health, including date, location,
and graphic representation of findings for all test holes, including
groundwater level and critical conditions and areas where drainage
structures requiring seepage are to be constructed.
(d)
Show proposed site development, including:
[1]
All streets with right-of-way lines and pavement
lines, tentative center-line elevations at intersections and at principal
changes in gradient, and tentative center-line gradient shown in percent
of slope.
[2]
A lot layout and suggested location of buildings, indicating building dimensions and setback lines, driveways, on-site wastewater treatment systems, and wells. Elevations at proposed garages and first floors shall be shown, as shall driveway slopes and elevations at slope changes and elevations at edge of pavement on abutting roads and at grades of proposed garage floors. There shall be no flag lots (see definition in § 235-4 of the Town Code).
[3]
A grading plan showing all proposed grading
to accommodate proposed improvements. Top elevation and bottom elevation
of all retaining walls shall be indicated on the plan.
[4]
A preliminary stormwater pollution prevention plan (SWPPP) and erosion and sediment control plan (ESCP) prepared in compliance with Chapter 201 of the Town Code and New York State Department of Environmental Conservation design standards, including all relevant details for elements of the SWPPP and ESCP; provided, however, there shall be zero net increase in runoff.
[5]
Easements, parks, restricted areas and other
improvements, including the purpose and restrictions for each. Designation
of areas or rights-of-way which are to be offered for public dedication
or deeded to a Homeowners' Association or other private entity with
clear indications of proposed changes in grades and landscaping thereon.
The Board may require specific recreation improvements and planting
of trees, shrubs, grass and other landscaping in all areas to be so
dedicated.
(4)
If the proposed subdivision cannot be shown on one
entire drawing sheet at a scale of not more than 50 feet to the inch,
the preliminary plat shall consist of:
(5)
Environmental assessment form and documentation of technical analyses. A full environmental assessment form and documentation of the wastewater treatment analysis and drinking water supply analysis as required in § 235-14.1 of the Town Code and the stormwater pollution prevention plan shall be provided as part of a complete preliminary plat application.
(6)
Construction phasing plan. If the proposed subdivision
is proposed to be constructed in multiple phases, the applicant shall
provide a written and graphic construction phasing plan identifying
the lot(s) to be created in each phase and the sequence for constructing
all improvements.
(7)
The Planning Board may request additional information
if, in its sole discretion, that information is necessary to understand
clearly the proposed subdivision and evaluate its viability.
(8)
Temporary location markers. The Planning Board may
require the setting of temporary markers to enable it easily to locate
key features of the site and evaluate the basic layout in the field,
including, but not limited to, markers at corners of the site, driveway
access. At least one such corner marker along a street frontage shall
indicate the distance to the nearest intersection.
(9)
Filing fee. A filing fee shall be assessed at the
time the preliminary plat is submitted to the Clerk of the Planning
Board.
B.
Preliminary plat review.
(1)
Required submission. An applicant seeking preliminary
plat approval shall submit a minimum of 12 sets of paper prints of
the preliminary plat drawings to the Clerk of the Planning Board.
The Planning Board may require additional drawing sets. The Clerk
of the Planning Board shall note the date and time of receipt and
shall forward one set to the Town Clerk, who shall retain the same
for the municipal records.
(2)
Complete submission. The Planning Board Engineer shall
determine whether the submission is complete as soon as is practicable
after receipt of the preliminary plat application by the Planning
Board Clerk.
(3)
Referral to Orange County Planning Department. A preliminary
plat and all related submissions received by the Planning Board shall
be submitted to the Orange County Planning Department for its consideration
and comment in accordance with § 239-n of Article 12-B of
the General Municipal Law.
(4)
Applicant to attend Planning Board meetings. The applicant,
or his duly authorized representative, shall attend all meetings of
the Planning Board at which the subject application is scheduled to
be discussed.
(5)
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:
(6)
Staking. To facilitate inspection and review by the
Planning Board and its agents of the site for a proposed subdivision,
unless waived in whole or in part by the Planning Board, the applicant
shall have the following staking completed at least 15 days prior
to submitting the preliminary plat:
(a)
Stakes shall be set along the center line of
each proposed road at intervals of not more than 100 feet and at each
point of beginning and ending of each horizontal curve. Each stake
shall be identified by a station marking, on both sides, to conform
to the preliminary plat and design drawings as presented.
(b)
Stakes shall be set along the road frontage
of each proposed lot, at the intersections of the proposed side lot
lines and the proposed road right-of-way. Each stake shall be marked
on both sides with the identifying lot number, conforming to the lot
numbers shown on the preliminary plat.
(c)
Stakes shall also be set and marked to indicate
the locations of the following proposed improvements:
[1]
Wells for community water supply systems;
[2]
Pumping stations for community water supply
and pollution control facilities;
[3]
Aboveground and underground tanks for water
supply and pollution control facilities;
[4]
Treatment plants; and
[5]
Stormwater detention basins, sedimentation basins
and their outlet structures.
(d)
Each stake shall be securely embedded in the
ground and shall extend at least 30 inches above ground surface.
(e)
Stakes set to locate points along the proposed
roadway center line and proposed lot corners shall be placed and marked
with indelible markings so that the markings will be readily visible
to persons as they approach the stake while walking along the proposed
road center line.
(f)
All stakes shall be flagged with brightly colored
plastic tape.
(g)
The stakes shall be relocated at the request
of the Planning Board to reflect any changes required by the Planning
Board.
(h)
All stakes required to be set by this subsection
that are removed or destroyed prior to the final approval of the final
subdivision plat shall be replaced by the applicant if required by
the Planning Board or its authorized representatives.
(7)
Public hearing. Subject to the time constraints set
forth in § 276 of the New York State Town Law, as amended
from time to time, unless additional time is required to comply with
the State Environmental Quality Review Act (SEQRA), the Planning Board
shall conduct a public hearing within 62 days from the date the Planning
Board determines the submission to be complete. Said hearing shall
be advertised at least once in a newspaper of general circulation
in the Town of Blooming Grove at least five days before such hearing.
(8)
Notice of public hearing.
(a)
The applicant shall mail notice of the public
hearing to all property owners within a radius from the outside boundary
of the site of the proposed subdivision based upon the total number
of proposed lots in the following manner:
(b)
The notice shall be mailed not less than 15
calendar days, but not more than 21 calendar days, prior to the date
of the public hearing scheduled by the Planning Board.
(c)
The notice shall be in the form approved by
the Planning Board and shall include, at a minimum:
[1]
The name of the applicant.
[2]
The location of the site of the proposed subdivision
or resubdivision.
[3]
A brief description of the proposed subdivision
or resubdivision, including, as a minimum, the total acreage involved,
the total number of lots, the location of proposed roadways and the
proposed methods of providing for water supply and sewage disposal.
[4]
The date, time and place of the public hearing.
(d)
The notice shall be sent by the United States
Postal Service prepaid certified mail, return receipt requested. The
applicant shall provide to the Clerk of the Planning Board, at least
two business days prior to the scheduled date of the public hearing,
a copy of the required notice, an affidavit in form provided by the
Planning Board listing all the property owners to whom and when such
notice was mailed and copies of all mailing receipts. Giving notice
as specified in this subsection shall be material, and failure to
give notice as specified in this subsection may be sufficient ground
for denial of preliminary plat approval. In the event the Planning
Board permits the applicant to reschedule the public hearing, the
applicant shall pay all resultant costs and expenses (including cost
of publication), and an additional 62 days shall be added to any time
constraint imposed on the Planning Board regarding preliminary plat
review. Any delay arising from failure to give proper hearing notice
shall not provide any basis of a demand for default approval.
(e)
The applicant shall obtain property owner information
from the Town Assessor, who may charge a fee as set by the Town Board.
(9)
Action on preliminary plat. Subject to the time constraints
set forth in § 276 of the New York State Town Law, as amended
from time to time, unless additional time is required to comply with
the State Environmental Quality Review Act (SEQRA), or unless extended
by mutual consent of the applicant and the Planning Board, the Planning
Board shall, by resolution:
(a)
Close the public hearing within 120 days after
such hearing commenced; and
(b)
Unless additional time is required to comply
with the State Environmental Quality Review Act (SEQRA), approve,
with or without conditions or modifications, or disapprove the preliminary
plat within 62 days after the hearing is closed. The grounds of a
condition or modification, if any, or the grounds for disapproval
shall be stated upon the records of the Planning Board.
(c)
If any scheduled Planning Board public meeting
within the time parameters above is canceled or postponed, the relevant
number of days specified above shall automatically be extended by
45 days or to the next scheduled public meeting date, whichever is
sooner.
(10)
Upon approving the preliminary plat, the Planning
Board shall state in writing any conditions or modifications that
the Planning Board 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 Clerk of the Planning Board as having been
granted preliminary approval, and a copy filed in said Planning Board
Clerk's office, and a copy certified by the Planning Board Clerk shall
be mailed to the applicant.
(11)
Approval of a preliminary plat shall not constitute
approval of the final plat, but such preliminary plat approval shall
be viewed as an expression of acceptance of the design submitted on
the preliminary plat to guide the applicant in the preparation of
the final plat. Prior to approval of the final plat, the Planning
Board may require additional changes because of further study of the
proposed subdivision in final form or as a result of new information
obtained at the public hearing or otherwise.
(12)
Expiration of approval.
(a)
Planning Board approval of a preliminary plat
shall expire 180 days after the date of such formal action. No Planning
Board action will be taken after such expiration until a new application
and filing fee are submitted.
(b)
For sufficient cause, the Planning Board may
extend its approval of a preliminary plat for no more than two additional
periods of 90 days each only if the Clerk of the Planning Board receives
a written request for such extension while the original approval or
first extended approval is in effect.
(13)
Waivers. If, owing to the special nature of
the proposed subdivision, the Planning Board finds that strict application
of the provisions of this section would be undesirable, unreasonable
or in conflict with other provisions of this chapter, the Planning
Board may waive part or all of such preliminary plat requirements.
The Board shall state in a written resolution those provisions which
are waived and the justification for such waiver or waivers. These
waivers shall apply to the final plat submission only where so specified
by the Planning Board.
The final plat and supporting drawings and documents
for a subdivision proposal, including the recommendations resulting
from the Planning Board review of the preliminary plat, constitute
the basis for final plat approval. After approval by the Planning
Board, this complete submission, along with the performance bond and
liability insurance policy, as approved by the Town Board, becomes
the basis for the construction of the subdivision.
A.
Final plat submission.
(1)
A cover sheet (prepared at the same size as an overall
layout plan) shall, at a minimum, contain:
(a)
Name of the subdivision and identification of
the section, block, and lot number of all tax parcels included in
the application.
(b)
Name and address of the applicant and the record
owner of each tax parcel.
(c)
Name, address, license number, seal and signature
of the appropriate design professional(s) who prepared the drawings.
(d)
Date of original preparation and of each subsequent
revision.
(e)
A key map, at a scale of 2,000 feet to the inch
(or less if required by the Planning Board), which indicates the location
of the site in the context of major roads (and streets if an existing
subdivision), rivers, lakes, wetlands and political subdivisions.
Adjacent properties within 200 feet of the site shall be identified
by the Tax Map section, block and lot numbers and, if part of a filed
subdivision plat, also by the subdivision name, lot and block numbers.
Boundaries of special districts (such as water, sewer, fire, school,
lighting, etc.) shall be shown.
(f)
(g)
Certification to the Town by a licensed land
surveyor that all boundaries, easements, encroachments, and rights-of-way
are true and accurate.
(h)
A blank box for an approval stamp and Planning
Board signature, at least four inches high by at least four inches
wide, shall be located at the lower right side of each page of the
submission immediately above the title box.
(2)
A final plat shall, at a minimum:
(a)
Be prepared by an appropriate design professional(s)
at a graphic scale of not more than 50 feet to the inch and contain
a graphic scale and North arrow.
(b)
Provide topographic contours at two-foot intervals.
(c)
Provide the final lot layout, including:
[1]
Number identification by a suitable system of
consecutive numbers.
[2]
Lot lines with accurate dimensions to the nearest
hundredth of a foot and bearings to the nearest second.
[4]
Building setback lines with dimensions.
[5]
Lot areas for each lot measured accurately to
the nearest square foot.
[6]
All primary and secondary conservation areas
as identified in the land conservation analysis.
(d)
If the proposed subdivision cannot be shown
on one entire drawing sheet at a scale of one inch equals no more
than 50 feet, the overall layout plan shall consist of:
(e)
Show special parcels with:
[1]
A description of proposed action and use, including
a note where an offer of dedication is being made.
[2]
Boundary lines with accurate dimensions to the
nearest one hundredth of a foot and bearings to the nearest five seconds.
[3]
Lot areas for each lot measured accurately to
the nearest square foot.
(f)
Provide survey data showing, at a minimum:
[1]
An accurate subdivision perimeter boundary with
bearings and distances.
[2]
A survey tie-in with accurate bearings and distances
to the three nearest established street monuments, or official monuments,
which are within reasonable distance of the property.
[3]
Town, village, county and special district boundaries
tied to the subdivision survey by accurate bearings and distances,
which are within reasonable distance of the property.
[4]
Radii, internal angles, points of curvature,
tangent bearings and lengths of all arcs, for all curves.
[5]
Accurate dimensions to the nearest hundredth
of a foot.
[6]
Monuments, as follows:
[a]
Accurate location of all monuments
tied by a minimum of three distances and bearings to fixed physical
features.
[b]
Existing monuments shall be shown
with a symbol different from proposed new monuments and described.
[c]
Proposed new monuments or monuments
to be reset shall be shown with a different symbol.
[d]
One monument shall be located at
each corner and at each major change in direction of the perimeter
boundaries and public land rights-of-way (Monuments shall be located
at the beginning and end of each curve along one side of the street
right-of-way.)
(g)
Provide a grading plan showing all proposed
grading to accommodate proposed improvements. Top elevation and bottom
elevation of all retaining walls shall be indicated on the plan.
(h)
Provide a final storm water pollution prevention plan (SWPPP) and erosion and sediment control plan (ESCP) prepared in compliance with Chapter 201 of the Town Code and New York State Department of Environmental Conservation design standards, including all relevant details for elements of the SWPPP and ESCP. Said plans shall provide that there shall be zero net increase in stormwater runoff.
(i)
Easements, parks, restricted areas and other
improvements, including the purpose and restrictions for each. Designation
of areas or rights-of-way which are to be offered for public dedication
or deeded to a homeowners' association or other private entity, with
clear indications of proposed changes in grades and landscaping thereon.
The Board may require specific recreation improvements and planting
of trees, shrubs, grass and other landscaping in all areas to be so
dedicated.
(j)
Provide utility systems requirements, as follows:
[2]
Sanitary waste disposal system:
[a]
Sanitary sewer system design shall
be indicated in all cases where public or private sewer connections
exist or are proposed; and
[b]
Typical lot layout indicating location
of individual system with reference to house and water supply, and
detailed drawing of proposed sanitary waste disposal unit.
[3]
Location of all above- and below-ground utilities,
including but not limited to electric, telephone and television/data
cable lines.
[4]
Location and description of outdoor lighting.
[5]
Profile drawing requirements with:
[a]
Drawings prepared with the following
scales:
[b]
Horizontal scale: one inch equals
50 feet.
[c]
Vertical scale: one inch equals
five feet.
[d]
All profiles showing the existing
natural grades, the typical cross section of existing or proposed
roads, center lines of intersecting roads and a system of survey stations;
[e]
The center-line profile of the
proposed roads with dimensions on vertical curves, and notation as
to gradient and critical elevations; and
[f]
The invert profile and location
of all storm and sanitary drainage structures in street rights-of-way
and in drainage easements.
(k)
Provide a public improvement plan and profile,
as follows:
[1]
The performance bond and the inspection service
shall be based on this drawing, the final plat itself this chapter
and the Town specifications for such public improvements and utilities;
[2]
Unless a specific waiver is requested in writing
and granted by the Planning Board, the proposed public improvements
shall comply in all respects with this chapter and the Town specifications
for such improvements;
[3]
Basic drawing layout requirements are the same
as those required for the preliminary plat and shall include rights-of-way,
gradients, and directional arrows downhill; and
[4]
Complete drainage system requirements for the
entire subdivision, with appropriate development stages for each of
the final plat sections, shall be shown graphically with all existing
drainage features.
(l)
Provide recreation and community improvement
plans and documents, as follows:
[1]
A landscape plan prepared by a landscape architect
who is licensed in the state of New York shall indicate the proposed
changes in existing grades and landscaping, including the following
items: play areas, walkways, incidental shelters, walls, new trees
and shrubs (location and botanical name), tennis courts, decorative
pools and all similar improvements; and
[2]
For clubhouse, swimming and wading pools, and
other major improvements, plans, elevations and land perspective renderings
by appropriate design professional(s).
(m)
Permits; approvals; dedications. Prior to approval
of the final plat, the applicant shall submit to the Planning Board:
[1]
Certified copies of permits and/or approvals
from all boards, departments, and public agencies having jurisdiction
over proposed improvements shall be provided to the Planning Board
prior to its approval of the final plat; and
[2]
An irrevocable offer of dedication and granting/recording
documents (deed, County Clerk's forms, etc.), including street right-of-way
to be offered to the Town or dedication of public improvements and
easements in substance and form satisfactory to the Town Attorney
to convey good and marketable fee simple title, together with a prepaid
title insurance binder in an amount reasonably determined by the Town
Attorney.
B.
Final plat review.
(1)
Required submission. An applicant seeking final plat
approval shall submit 12 sets of the final plat to the Clerk of the
Planning Board. The Planning Board may require additional sets of
drawings. The Clerk of the Planning Board shall note the date and
time of receipt and shall forward one set to the Town Clerk, who shall
retain the same for the municipal records.
(2)
Complete submission. The Planning Board Engineer shall
determine whether the submission is complete as soon as is practicable
after receipt of the final plat application.
(3)
The Engineer for the Planning Board shall prepare
a performance bond estimate to be submitted along with his recommendations
on the final plat.
(4)
Subject to the time constraints set forth in § 276
of the New York State Town Law, as amended from time to time, unless
additional time is required to comply with the State Environmental
Quality Review Act (SEQRA), the Planning Board may conduct a public
hearing within 62 days after the time of formal determination of a
complete submission. Said hearing shall be advertised at least once
in a newspaper of general circulation in the Town of Blooming Grove
at least five days, but not more than 10 days, before such hearing.
(5)
Notice of public hearing.
(a)
The applicant shall mail notice of the public
hearing to all property owners within a radius from the outside boundary
of the site of the proposed subdivision based upon the total number
of proposed lots in the following manner:
(b)
The notice shall be mailed not less than 15
calendar days but not more than 21 calendar days prior to the date
of the public hearing scheduled by the Planning Board.
(c)
The notice shall be in the form approved by
the Planning Board and shall include, at a minimum:
[1]
The name of the applicant.
[2]
The location of the site of the proposed subdivision
or resubdivision.
[3]
A brief description of the proposed subdivision
or resubdivision, including, as a minimum, the total acreage involved,
the total number of lots, the location of proposed roadways and the
proposed methods of providing for water supply and sewage disposal.
[4]
The date, time and place of the public hearing.
(d)
The notice shall be sent by the United States
Postal Service prepaid certified mail, return receipt requested. The
applicant shall provide to the Clerk of the Planning Board, at least
two business days prior to the scheduled date of the public hearing,
a copy of the required notice, an affidavit in form provided by the
Planning Board listing all the property owners to whom and when such
notice was mailed and copies of all mailing receipts. Giving notice
as specified in this subsection shall be material, and failure to
give notice as specified in this subsection may be sufficient ground
for denial of final plat approval. In the event the Planning Board
permits the applicant to reschedule the public hearing, the applicant
shall pay all resultant costs and expenses (including cost of publication)
and an additional 62 days shall be added to any time constraint imposed
on the Planning Board regarding preliminary plat review. Any delay
arising from failure to give proper hearing notice shall not provide
any basis of a demand for default approval.
(e)
The applicant shall obtain property owner information
from the Town Assessor, who may charge a fee as set by the Town Board.
(6)
Unless extended by mutual consent of the applicant
and the Planning Board, the Planning Board shall, by resolution, close
the public hearing within 120 days after such hearing commenced.
(7)
Action on final plat. Subject to the time constraints
set forth in § 276 of the New York State Town Law, as amended
from time to time, unless additional time is required to comply with
the State Environmental Quality Review Act (SEQRA), or unless extended
by mutual consent of the applicant and the Planning Board, the Planning
Board shall, by resolution, conditionally approve with or without
modifications, disapprove, or grant final approval and authorize the
signing of such plat, within 62 days after the close of the public
hearing.
(8)
If the Planning Board grants conditional approval
of a final plat, said approval shall expire 180 days after the date
of the resolution granting conditional approval unless such requirements
have been certified as completed. Nevertheless, the Planning Board
may extend the time within which a conditionally approved plat in
final form must be submitted for signature for no more than six additional
period(s) of 90 days each if the Board determines in its discretion
that particular circumstances warrant any such extension; and provided
that written request for any such extension must have been received
by the Clerk of the Planning Board while such original conditional
approval or such extended conditional approval is in effect.
[Amended 11-12-2013 by L.L. No. 5-2013]
(9)
In addition to any other requirements previously set
by the Planning Board, the applicant shall carry out the following
steps prior to obtaining the signature of the chairman or other authorized
member of the Planning Board.
(a)
Pay all required fees to the Town.
(b)
Make all required corrections or changes to
the satisfaction of the Planning Board (which may make such determination
by the Chairman of the Planning Board or other member who is an authorized
signatory).
(c)
Completion of improvements; performance bond.
[1]
Complete the public improvements and convey
the lands required in connection therewith to the Town, free and clear
of all encumbrances; or
(d)
In applicable cases, all necessary documents
showing formation of necessary improvement districts and/or homeowners'
associations.
(e)
An inspection fee of 6% of the amount of the
performance bond shall be paid to the Town of Blooming Grove prior
to the time that the Chairman of the Planning Board is required to
sign the final plat. Such percentage may be amended from time to time
by resolution of the Town Board.
(f)
The applicant shall pay a fee to the Town of
Blooming Grove for filing the final plat in the Orange County Clerk's
office by a person authorized by the Planning Board to perform such
service (see fee schedule). In addition, the applicant shall advance
the Orange County Clerk's fees for filing the final plat and for filing
or recording other documents which are to be filed or recorded, such
advances to be made by bank or certified checks drawn directly to
the Orange County Clerk and the Orange County Commissioner of Finance,
as the case may be.
(10)
The applicant shall provide copies of the final
plat and other documents to be filed or recorded in the Orange County
Clerk's office in the following manner:
(a)
For the Orange County Clerk: one final plat
paper print and one final plat mylar print, and one paper print and
one mylar print of the public improvement plan and profiles, if any.
(b)
For the Clerk of the Planning Board: two final
plat paper prints and one final plat mylar print, and one paper print
and one mylar print of the public improvement plan and profiles, if
any.
(c)
For the Tax Assessor: one final plat paper print.
(d)
For the Town Superintendent of Highways: one
final plat paper print and one paper print of the public improvement
plan and profiles.
(11)
The Planning Board Chairman or other authorized
Planning Board member shall sign his approval of the final plat and
attachments, in accordance with the authorization of the Planning
Board.
(12)
Planning Board approval of a final plat shall
not be deemed an acceptance by the Town of any street or other land
shown as offered for dedication to public use.
(13)
Expiration of approval. Planning Board approval
of a final plat shall expire and become null and void 62 days after
the date of such approval, unless previously the plat is filed in
the Office of the Orange County Clerk.
