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) A zoning compliance table indicating:
[1] Total acreage for the entire tract and for each zoning district within the tract.
[2] Total number of proposed lots using the methodology established in the Town Code §
235-14.1A for major subdivisions and §
235-14.1B for minor subdivisions.
[3] The findings of the Planning Board with respect to the land conservation analysis (for major subdivisions only).
(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.
[3] There shall be no flag lots (see definition in §
235-4 of the Town Code).
[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:
[1] One drawing showing the entire subdivision; and
[2] Subsequent drawing sheets showing sections of the proposed subdivision at a scale of no less than one inch equals no more than 50 feet.
(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:
[1] Water supply and distribution:
[a] Location of source on property or, where piped in, the size of the supply main;
[b] Location and size of all distribution mains;
[c] Location of fire hydrants; and
[d] Location of all control valves.
[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:
[1] For subdivisions of four or fewer lots: 100 feet;
[2] For subdivisions of five to 24 lots: 200 feet; and
[3] For subdivisions of 25 or more lots: 500 feet.
(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
[2] Obtain a performance bond (or post an equivalent in the amount of the bond estimate) and submit them to the Town Attorney for approval as to form. See Chapter
209.
(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.