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.
A conceptual review meeting may be held between the Planning Board and
the applicant prior to the preparation and submission of a preliminary plat.
The conceptual review meeting shall be conducted at a regularly scheduled
meeting of the Town Planning Board but shall not be a public hearing. The
intent of such a meeting is to enable the applicant to inform the Planning
Board of his proposal prior to the preparation of a preliminary plat and for
the Planning Board to review the basic subdivision concept and advise the
applicant as to potential problems and concerns.
A. Procedure. When filing an application for approval of
a subdivision layout, the subdivider shall prepare a sketch of the proposed
subdivision, indicating location of the property, the layout of existing and
proposed streets, subdivision lots, streams, bodies of water and watercourses,
lot sizes, zoning category, record owner and applicant, which shall be submitted
to the Planning Board with a request for consideration and advice. The applicant
shall notify the Planning Board Chairman or Secretary at least two weeks before
the meeting is to be placed on the agenda.
B. Discussion items. At the conceptual review meeting with
the Planning Board, the subdivider shall be prepared to discuss the following
items:
(1) The name of the proposed subdivision.
(2) The proposed zoning use or uses.
(3) The location of the premises with respect to existing
highways or nearby streets.
(4) The number of acres in the entire proposed subdivision.
(5) The topography of the premises.
(6) The proposed location of any public or common area or
recreational site and proposed use, maintenance and ownership thereof.
(7) The anticipated method of marketing lots; i.e. whether
the subdivider intends to build and sell homes or sell lots singly or in multiples
to prospective builders.
(8) A general statement as to type of home to be erected
and value of the same.
(9) If proposed layout covers only a portion of entire parcel
owned or controlled by subdivider, a plan for the street layout of the entire
parcel.
(10) The source of water supply.
(11) Provisions for stormwater and sanitary disposal.
(12) Plans for the establishment of special improvement districts.
(13) Nearby land uses and structures.
(14) Contemplated and existing deed restrictions, if any.
(15) All other matters pertinent to the proposed subdivision.
The Planning Board shall give guidance to the applicant or his agent regarding
requirements for submittal of the preliminary plat and modifications to the
plan which may be desired. The Planning Board may choose to refer the concept
plan to the County Planning Board or Town Engineer for review prior to making
recommendations to the applicant.
[Added 9-8-2005 by L.L. No. 3-2005]
In scheduling public hearings and review timeframes on all subdivision
plats, 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, as set forth in Town Law § 276.
[Amended 9-8-2005 by L.L. No. 3-2005]
Upon completion of all requirements set forth in the action approving
the subdivision plat and notation to that effect upon the subdivision plat,
it shall be deemed to have final approval and shall be properly signed by
the appropriate officer of the Planning Board and may be filed by the applicant
in the office of the Livingston County Clerk. Any subdivision plat not so
filed and recorded within 62 days of the date upon which said plat is approved
or considered approved by reasons of the failure of the Planning Board to
act shall become null and void unless the particular circumstances of the
applicant warrant the Planning Board to grant an extension, which shall not
exceed two additional periods of 90 days. The applicant shall provide the
Town Clerk with a copy of the plat certified by the Livingston County Clerk
as to being the true and certified copy of said plat on file in the county
office.
For a resubdivision, the same procedure, rules and regulations apply
as for a subdivision except, if the proposed resubdivision consists solely
of the simple alteration of lot lines, then normal subdivision procedure may
be waived at the discretion of the Planning Board.
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. If
the Planning Board determines that a suitable park or parks of adequate size
cannot be properly located in any such plat or is otherwise not practical,
the Board may require as a condition to approval of any such plat a payment
to the Town of a sum to be determined by the Town Board, which sum shall constitute
a trust fund to be used by the Town Board exclusively for neighborhood park,
playground or recreation purposes, including the acquisition of property.
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 or letter of credit in accordance with Subsection
A of §
113-7 of this article and after approval and filing of the subdivision plat, the subdivider may initiate land sales or construction of the subdivision itself.