[Amended 11-16-2010 by L.L. No. 17-2015]
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 following two-step procedure:
A. 
Approval of the preliminary plat layout.
B. 
Approval of the final plat.
[Amended 4-15-2003 by L.L. No. 1-2003; 11-16-2010 by L.L. No. 17-2015]
A. 
Preliminary informal discussion of requirements. Before preparing the preliminary plat approval, the applicant is urged informally to discuss with the Planning Board or its representative the Board's requirements for reservations of land, street improvements, drainage, sewerage, water, fire protection and all other things herein discussed, as well as the availability and extension of existing Town services. The applicant should also discuss the preliminary plat approval with the County Health Department, whose approval is required by this chapter and which must eventually approve any final plat coming within its jurisdiction.
B. 
Applicant procedure. Prior to filing an application for the approval of a final plat, the applicant shall file an application for the approval of a preliminary plat approval. The application shall:
(1) 
Be made on forms available at the Town Offices.
[Amended 6-17-2014 by L.L. No. 36-2015]
(2) 
Include all land which the applicant proposes to subdivide.
(3) 
Be accompanied by eight copies of the preliminary plat approval, as described in Article IV, § 195-20, of this chapter.
(4) 
Comply in all respects with Article III of this chapter and with the provisions of the Town Law, including §§ 276 and 277, except where a modification is specifically authorized in writing by the Planning Board.
(5) 
Be presented to the Chairman of the Planning Board.
(6) 
Be accompanied by a fee as determined by the Town Board.
C. 
Applicant to attend Planning Board meeting. The applicant shall, if the Planning Board so requests, and may, without such request, attend the next regular meeting of the Planning Board to discuss the preliminary plat approval.
D. 
Study of preliminary plat approval. The Planning Board will carefully study the practicability of the preliminary plat approval, 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 and their relation to the topography of the land, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided, and the requirements of the Town Comprehensive Plan and the Official Map, if any.
E. 
The Planning Board shall follow the procedures of Town Law § 276 to approve, approve with conditions, or disapprove the preliminary plat. The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the preliminary plat jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement or if no public hearing is held on the draft environmental impact statement, the Planning Board shall hold the public hearing on the preliminary plat within 62 days after the receipt of a complete preliminary plat by the clerk of the Planning Board. The hearing on the preliminary plat shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing if held independently of the hearing on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. 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. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
[Amended 4-15-2003 by L.L. No. 1-2003; 11-16-2010 by L.L. No. 17-2015]
A. 
Application procedure. Within six months after the tentative approval of the preliminary plat approval, or such longer period as is approved in writing by the Planning Board, the applicant shall file with the Planning Board an application for approval of a final plat. The application shall:
(1) 
Be made on forms provided by the Planning Board at the time of tentative approval of the preliminary plat approval.
(2) 
Include the entire subdivision, or a section thereof which derives access from a street either accepted for maintenance by the Town Board or set forth on Official Map, if any, which street is improved to Town standards, or for which street a bond covering such improvement is held by the Town or will be submitted prior to approval of the final plat.
(3) 
Be accompanied by eight copies of the final plat and the construction detail sheets, as described in Article IV, § 195-21, of this chapter.
(4) 
Comply in all respects with the preliminary plat approval, changed in accordance with the tentative approval.
B. 
Official submittal date. The final plat shall be considered officially submitted as of the date of the regular meeting of the Planning Board following completion of the application procedure outlined above.
C. 
Endorsement of County Health Department. Insofar as possible the proposed final plat shall be properly endorsed by the Broome County Health Department or other pertinent health agency as meeting the standards of the Broome County Sanitary Code or other applicable health code before any public hearing is scheduled. The plat should be in final form before the Broome County Health Department or other health agency approval. If such Health Department requires Town approval before its consideration of the plat, the Planning Board may approve subject to Health Department approval and subject to consideration of any changes required by such Department.
D. 
County notification.
(1) 
The Planning Board will also, if the county has established a County Official Map, notify the County Planning Board and County Superintendent of Highways or Commissioner of Public Works as required by § 239-f of the General Municipal Law.
(2) 
The final plat will be referred to the County Planning Board if the plat is subject to such referral pursuant to § 239-n of the General Municipal Law.
E. 
The Planning Board shall follow the procedures of Town Law § 276 to approve, approve with conditions, or disapprove the final plat. If the final plat is not in substantial agreement with approved preliminary plats, then a second public hearing is required in accordance with § 195-5E.
F. 
Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made in any final plat after approval has been given by the Board and endorsed, in writing, on the plat unless such changes are first approved in writing by the Planning Board. In the event that any final 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.
G. 
Signing of plat.
(1) 
Every final plat submitted to the Board for its approval shall carry the following endorsement:
Approved by resolution of the Planning Board of the Town of Binghamton, New York, on ............ 20.... , 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 ............ , 20.... , by
......................
Chairman
(2) 
In the absence of the Chairman, the Acting Chairman may sign in his place.
A. 
Improvements and performance bond. Prior to action by the Planning Board approving a final 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, employees or consultants, all the street, sanitary and other improvements specified in the action approving said plat or, in the alternative, to file with the Town Board a bond in an amount estimated by the Planning Board as necessary to secure to the Town the satisfactory construction and installation of the incomplete portion of the required improvements within the time specified by the Planning Board. Such performance bond shall comply with the requirements of the Town Law, including § 277 thereof, and shall be satisfactory to the Town Board as to form, sufficiency and manner of execution. The bond shall provide for a maintenance bond, as specified in the Standard Specifications for Street Improvements, but a cash deposit may be substituted for the maintenance bond. All required improvements shall be made by the applicant at his expense, without reimbursement by the Town or any district therein.
[Amended 11-16-2010 by L.L. No. 17-2015]
B. 
Inspection of improvements. The Town shall employ an inspector to act as agent of the Planning Board for the purposes of assuring the satisfactory completion of improvements required by the Planning Board or Town Board. 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 and the Standard Specifications for Street Improvements adopted by the Town Board, the applicant and the bonding company will be severally and jointly liable for the costs of completing said improvements according to specification.
C. 
Utilities. As to utilities required by the Planning Board, the Board may accept assurance from each public utility company whose facilities are proposed to be installed. Such assurance shall be in writing, addressed to the Board, stating that such public utility company will make the installations necessary for the furnishing of its services within a specified time, in accordance with the approved construction detail sheets.
D. 
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.
E. 
Fees for recording; payment of taxes. If the applicant conveys to the Town any property, such as easements, streets, parks, etc., he shall pay all fees in connection with recording of evidence of transfer thereof and shall pay or reimburse the Town for paying any taxes on said property which are unpaid at closing or thereafter becoming due prior to official change in taxable status of the property.
[Amended 11-16-2010 by L.L. No. 17-2015]
Upon completion of all requirements set forth in the action approving the final plat, the plat shall be properly signed by the appropriate officer of the Planning Board and shall be filed by the applicant in the office of the County Clerk. Any final plat not promptly so filed may become null and void in accordance with the provisions of the Town Law, which provisions subdividers are urged to read.
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 on said plat. The Planning Board may require said 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 title, dedication and provision for the cost of grading, development, equipment and maintenance of any park or playground area.