Whenever any subdivision of land is proposed to be made and
before any contract for the sale of or any offer to sell any lots
in such subdivision or any part thereof is made, and before any permit
for the erection of a structure in such proposed subdivision shall
be granted, the subdivider or his duly authorized agent shall apply
in writing for approval of such proposed subdivision in accordance
with the following procedures.
Whereas pursuant to resolution of the Town Board, the Planning
Board is empowered to modify applicable provisions of the Zoning Ordinance in accordance with the provision of § 281 of
the Town Law for the purpose of enabling and encouraging flexibility
of design and development of land in such a manner as to promote the
most appropriate use of land, to facilitate the adequate and economic
use of streets and utilities and to preserve the natural and scenic
qualities of open lands, the following shall be the procedure and
standards:
A. Request by subdivider. A subdivider may request the use of § 281 simultaneously with or subsequent to presentation of the sketch plan as per procedure described in Article
III. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plat review.
B. Sketch plat. A subdivider shall present, along with a proposal in
accordance with the provisions of § 281, a standard sketch
plat which is consistent with all the criteria established by these
subdivision regulations, including but not limited to streets being
consistent with the street specifications and lots being consistent
with the Zoning Ordinance.
C. Park, recreation, open space or other municipal purposes. If the
application of this procedure results in a plat showing land available
for park, recreation, open space or other municipal purposes directly
related to the plat, then such conditions as to ownership, use and
maintenance of such lands as are necessary to assure the preservation
of such lands for their intended purposes shall be set forth by the
Planning Board.
D. Plat submission. Upon determination that such sketch plat is suitable
for the procedures under § 281 and subsequent to the resolution
authorizing the Planning Board to proceed, a preliminary plat meeting
all of the requirements of the resolution shall be presented to the
Planning Board and shall be subject to its review and the public hearings
and all other requirements of this chapter.
E. Filing; notation on Zoning Map. Upon the filing of a plat in the
office of the County Clerk in which § 281 has been used,
the subdivider shall file a copy with the Town Clerk, who shall make
appropriate notations and reference thereto in the Town Zoning Ordinance
Map. The Secretary of the Planning Board shall notify the Building
Inspector when such a plat is filed.