[Amended 2-11-1991 by L.L. No. 1-1991; 9-8-1993 by L.L. No.
3-1993]
A.
The subdivider shall, within six months after the approval of the
preliminary plat, file with the Planning Board an application for
approval of the subdivision plat in final form, using the blank approval
application available from the Town Clerk. If the final plat is not
submitted within six months after the approval of the preliminary
plat, the Planning Board may refuse to approve the final plat and
may require resubmission of the preliminary plat.[1]
B.
The subdivision plat in final form shall be based exclusively on
the design features presented in the preliminary subdivision plat
subject to those changes which had been agreed upon at the time of
the preliminary plat review.
The final subdivision plat shall be submitted to the Town of
Dickinson Planning Board. Such submission shall contain the following:
A.
A formal application for final plat approval on a form to be supplied
by the Town Clerk.
C.
A copy of any and all performance bond estimates which have been
requested by the Planning Board to ensure that the subdivider will
complete capital construction which may not be completed at the time
of review.
D.
Detailed plans and profile drawings of all proposed public utilities
and improvements, conforming to the applicable requirements for underground
utilities.
E.
Evidence that the Board of Education and fire company for the area
in which the subdivision is to be built have been made aware of the
nature and extent of the proposed project.
F.
Copies of all easement agreements, deeds, offers of cession, right-of-way
acquisitions, planting areas, covenants and any other legal instruments
which may require review as part of the subdivision proposal.
G.
Letters, in appropriate cases, directed to the Chairman of the Planning
Board and signed by a responsible official of the State Department
of Transportation or County Public Works Department, approving proposed
construction on state or county rights-of-way and indicating that
the necessary permits have been issued by their office; or a copy
of such permits shall be submitted with the application.
H.
Evidence that the proposed subdivision has been reviewed and approved
by the Broome County Department of Health, the New York State Department
of Environmental Conservation, as required, and any other public agency
or officer having jurisdiction.
I.
Letters, in appropriate cases, directed to the Chairman of the Planning
Board and signed by a responsible official of the agency, utility
company, government authority or special district which has jurisdiction
in the area of gas, electric, telephone, public sewer or public water
improvements, approving such proposed installation.
[Amended 9-8-1993 by L.L. No. 3-1993]
A.
The following documents shall be submitted for plat approval:
(1)
The plat to be filed with the County Clerk shall be printed upon
linen or be clearly drawn in India ink upon tracing cloth. The size
of the sheets shall be 22 inches by 32 inches, including a margin
for binding of two inches outside of the border along the left side
and a margin of one inch outside of the border along the remaining
sides. The plat shall be drawn at a scale of no more than 100 feet
to the inch and oriented with the North point at the top of the map.
When more than one sheet is required, an additional index sheet of
the same size shall be filed showing to scale the entire subdivision
with lot and block numbers clearly legible.
B.
The plat shall show:
(1)
Proposed subdivision name or identifying title and the name of the
Town and county in which the subdivision is located, the name and
address of record owner and subdivider, name, license number and seal
of the licensed land surveyor.
(2)
Street lines, pedestrian ways, lots, reservations, easements and
areas to be dedicated to public use.
(3)
Sufficient data acceptable to the Town Engineer to determine readily
the location, bearing and length of every street line, lot line and
boundary line and to reproduce such lines upon the ground. Where applicable,
these should be referenced to monuments included in the state system
of plane coordinates, and in any event should be tied to reference
points previously established by a public authority.
(4)
The length and bearing of all straight lines, radii, length of curves
and central angles of all curves and tangent bearings shall be given
for each street. All dimensions and angles of the lines of each lot
shall also be given. All dimensions shall be shown in feet and decimals
of a foot. The plat shall show the boundaries of the property, location,
graphic scale and true North point.
(5)
The plat shall also show by proper designation thereon all public
open spaces for which deeds are included and those spaces title to
which is reserved by the developer. For any of the latter, there shall
be submitted with the subdivision plat copies of agreements or other
documents showing the manner in which such areas are to be maintained
and the provisions made therefor.
(6)
All offers of cession and covenants governing the maintenance of
unceded open space shall bear the certificate of approval of the Town
Attorney as to their legal sufficiency.
(7)
Lots and blocks within a subdivision shall be numbered and lettered
in alphabetical order in accordance with the prevailing Town practice.
(8)
Permanent reference monuments shall be shown and shall be construed
in accordance with specification of the Town Engineer. When referenced
to the state system of plane coordinates, they shall also conform
to the requirements of the State Department of Transportation. They
shall be placed as required by the Town Engineer, and their location
noted and referenced upon the plat.
(9)
All lot corner markers shall be permanently located satisfactorily
to the Town Engineer at least 3/4 inch (if metal) in diameter and
at least 24 inches in length and located in the ground to existing
grade.
(10)
Monuments of a type approved by the Town Engineer shall be set
at all corners and angle points of the boundaries of the original
tract to be subdivided and at all street intersections, angle points
in street lines, points of curve and such intermediate points as shall
be required by the Town Engineer.
C.
Construction drawings, including plans, profiles and typical cross
sections, as required, shall show the proposed location, size and
type of streets, sidewalks, streetlighting standards, street trees,
curbs, water mains, sanitary sewers and storm drains, pavements and
subbase, manholes, catch basins and other facilities.
A subdivider intending to submit a proposed subdivision plat
for the approval of the Planning Board shall provide the Town Clerk
with a copy of the application and three copies (one copy in ink on
linen or an acceptable equal) of the plat, the original and one true
copy of all offers of cession, covenants and agreements and two prints
of all construction drawings. No application shall be accepted for
filing unless it is complete, as defined by the requirements of these
regulations.
Upon receipt of the completed final plat submission, the Secretary
of the Planning Board shall transmit copies of the final submission
to the Code Enforcement Officer, Town Board and any other agency which
may have a specific interest in the proposed subdivisions. The Clerk
of the Planning Board shall refer all applicable final plats to the
Broome County Planning Department as provided in § 239-n of the
General Municipal Law.
The time of submission of the subdivision plat shall be considered
to be the date on which the application for approval of the subdivision
plat, complete and accompanied by the required fee and all data required
by these regulations, has been filed with the Clerk of the Planning
Board.
A.
The Planning Board shall hold a public hearing on the complete final plat within such time as prescribed in § 276 of the Town Law. Notice and length of such public hearing shall be as prescribed in § 276 of the Town Law; provided, however, that when a final plat is submitted which the Planning Board deems to be in substantial agreement with a preliminary plat as approved pursuant to Article VII, no public hearing shall be required.
B.
Notice
to adjacent municipalities. The Planning Board shall give notice of
the public hearing to any adjacent municipality within 500 feet of
the final plat in accordance with § 239-nn of the General
Municipal Law. The adjacent municipality may appear and be heard.
The Planning Board shall review the final subdivision plat in
accordance with the guidelines outlined in these regulations. It shall
examine the final plat to see that it is consistent with the concept
presented in the preliminary subdivision plat and all of the required
elements of submission have been placed on file with the Board.
A.
The Planning Board shall, by resolution, conditionally approve, with
or without modification, disapprove or grant final approval and authorize
the signing of such plat within such time as prescribed in § 276
of the Town Law. The time period in which the Planning Board must
take action on such plat may be extended by mutual consent of the
subdivider and the Planning Board. Failure of the Planning Board to
take action on the final plat within the time prescribed therefor
after completion of all requirements under the State Environmental
Quality Review Act (Environmental Conservation Law § 8-0101
et seq.), or within such extended period as may have been established
by the mutual consent of the subdivider and the Planning Board, shall
be deemed approval of the final plat.[1]
B.
Within five business days of the adoption of the resolution granting
conditional or final approval of the final plat, such plat shall be
certified by the Clerk of the Planning Board as having been granted
conditional or final approval and a copy of such resolution and plat
shall be filed in such Clerk's office. A copy of the resolution shall
be mailed to the subdivider. In the case of a conditionally approved
plat, such resolution shall include a statement of the requirements
which when completed will authorize the signing thereof. Upon completion
of such requirements, the plat shall be signed by said duly authorized
officer of the Planning Board and a copy of such signed plat shall
be filed in the office of the Clerk of the Planning Board. Conditional
approval of the final plat shall expire within 180 days after the
resolution granting such approval unless all requirements stated in
such resolution have been certified as completed. The Planning Board
may extend by not more than two additional periods of 90 days each,
the time in which a conditionally approved plat must be submitted
for signature if, in the Planning Board's opinion, such extension
is warranted by the particular circumstances.[2]
C.
If the plat is approved, approval shall be subject to all applicable
provisions of the Town Law, these land subdivision regulations and
the following conditions:
(1)
All of the requirements for final subdivision plat submission shall
be met.
(2)
All required corrections and modifications shall be made or a sufficient
guaranty shall have been accepted by the Planning Board for such corrections
and modifications. All such conditions must be met before the plat
is signed by the Chairman of the Planning Board.
(3)
Any performance bonds requested by the Planning Board shall be obtained
by the subdivider and thereafter approved by the Town Board.
(4)
A statement shall be received from the Town Attorney approving, as
to legal sufficiency, all offers of cession or covenants governing
the maintenance of unceded public open space.
D.
Conditional approval does not entitle the subdivider to immediately
file the plat with the Broome County Clerk, but is instead an approval
subject to any conditions set forth by the Planning Board. Upon satisfaction
of these, the final plat must be signed by the Chairman of the Planning
Board before it may be filed.[3]
E.
If the final plat is disapproved, the applicant shall be formally
notified, in writing, by the Planning Board Chairman of the reason(s)
for Planning Board disapproval.
F.
Within 62 days after the Planning Board has approved a final plat,
one Mylar print of the subdivision shall be filed in the office of
the Broome County Clerk. Failure to make such a timely filing with
the Broome County Clerk shall result in a revocation of Planning Board
approval of the final plat.[4]
G.
Final approval and filing. Upon completion of the requirements in Articles IX, X, XI and XII below and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the duly designated officer of the Planning Board and may be filed by the applicant in the office of the Broome County Clerk. Any subdivision plat not so filed or recorded within 62 days of the date upon which such plat is approved or considered approved by reason of the failure of the Planning Board to act shall become null and void.[5]
H.
No building permits may be issued prior to the time that such a filing
is made with the Broome County Clerk.
I.
Plat void
if revised after approval. No changes, erasures, modifications or
revisions shall be made in any subdivision plat after approval has
been given by the Planning Board and endorsed in writing on the plat
unless said plat is first resubmitted to the Planning Board and such
Board approves any modifications. In the event that any such subdivision
plat is recorded without complying with this requirement, the same
shall be considered null and void, and the Planning Board shall institute
proceedings to have the plat stricken from the records of the Broome
County Clerk.
A.
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.
B.
Public
acceptance of streets. The approval by the Planning Board of a subdivision
plat shall not be deemed to constitute or be evidence of any acceptance
by the Town of any street, easement or other open space shown on such
subdivision plat.
C.
Ownership
and maintenance of recreation areas. When a park, playground or other
recreation area shall have been shown on a plat, the approval of said
plat shall not constitute an acceptance by the Town of such area.
The Planning Board shall require the 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 deed and title, dedication and provision for the cost of grading,
development, equipment and maintenance of any such recreation area.
