[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
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(2) In the absence of the Chairman, the Acting Chairman
may sign in his place.
[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.
For a resubdivision, the same procedure, rules
and regulations shall 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
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.