Whenever any subdivision or resubdivision of land in the Town
of Bath is proposed, the subdividing owner or his authorized agent
shall apply for and secure approval of such proposed subdivision before
any contract for the sale of any part thereof is made and before any
permit for the erection of a structure in such proposed subdivision
shall be granted. Approval of a proposed subdivision shall be obtained
in accordance with the procedure specified in this Article.
Before filing an application and before preparing a preliminary layout pursuant to § 107-8, the applicant should:
A.
Meet with the Planning Board to discuss his intentions and to determine the Board's requirements; he should present a vicinity map, sketch plan and general information as specified in § 107-17.
B.
Determine the requirements of the State Health Department, whose
approval is required by this chapter, and which must eventually approve
any subdivision plat coming within its jurisdiction.
C.
Determine the classification of the subdivision as a minor or major
subdivision.
(1)
If the subdivision is classified and approved by the Planning Board
as a minor subdivision, a notation to that effect will be made on
the sketch plan. No further submissions of documents to the Planning
Board shall be required by the subdivider. The minor subdivision shall
be filed with the County Clerk within 60 days of such classification
or the approval shall be null and void.[1]
(2)
If the minor subdivision has frontage on, access to or is otherwise
directly related to any county road, existing or proposed, as shown
on the County Official Map, the Planning Board shall take appropriate
action in accord with § 239-k of the General Municipal Law.
(3)
If the subdivision is classified as a major subdivision, the subdivider
shall comply with all the other applicable sections of this chapter.
A.
Application procedure. Prior to filing an application for the approval
of a subdivision plat, the applicant shall file an application for
the approval of a preliminary layout. The application shall:
(1)
Be made on forms available at the office of the Town Clerk.
(2)
Include all land which the applicant proposes to subdivide.
(4)
Comply in all respects with the requirements specified in Article III of this chapter and with the provisions of §§ 276 and 277 of the Town Law.
(5)
Be submitted to the Chairman of the Planning Board or the Town Clerk.
B.
Study of preliminary layout. The Planning Board will carefully study the practicability of the preliminary layout, taking into consideration the requirements of the community, the best use of the land being subdivided and the policy set forth in § 107-3. Particular attention will be given to the proposed arrangement, location and width of streets; the relation of proposed streets to the topography of the land; sewage disposal; drainage; proposed lot sizes, shape and layout; future development of adjoining lands as yet unsubdivided; the requirements of the Town Plan (as it may be adopted) and the Official Map (as it may be adopted); and matters enumerated in § 277 of the Town Law.
C.
Applicant to attend Planning Board meeting. The applicant should
be prepared to attend a regular meeting of the Planning Board to discuss
the preliminary layout and the Board's tentative conclusions.
D.
Required changes for tentative approval. After discussion of the
preliminary layout, the Planning Board shall, within 45 days, advise
the applicant, in writing, of the specific changes it will require
in the layout and the character and extent of improvements and reservations
which it will require as a prerequisite to approval of the subdivision
plat to be submitted subsequently. This shall constitute tentative
approval of the preliminary layout. Such tentative approval shall
automatically expire after six months, unless extended by formal action
of the Planning Board.
A.
Application procedure. Within six months after tentative approval
of the preliminary layout was granted, the applicant shall file with
the Planning Board an application for approval of a subdivision plat.
The application shall:
(1)
Be made on forms provided by the Planning Board at the time tentative
approval of the preliminary layout was granted.
(2)
Include the entire subdivision or a section thereof which derives
access from a street improved to town standards or for which street
a bond covering such improvement is held by the town.
(4)
Comply in all respects with the preliminary layout as tentatively
approved.
(6)
Be presented to the Chairman of the Planning Board at least two weeks
prior to a regular meeting of the Board.
B.
Public hearing. Before the Planning Board acts on any subdivision
plat, it shall hold a public hearing thereon in accordance with § 276
of the Town Law. The plat shall be in final and complete form before
such public hearing shall be scheduled. Such hearing shall be held
within 30 days after the time of submission of such plat for approval.
The hearing shall be advertised in a newspaper of general circulation
in the town at least five days before such hearing.
C.
Endorsement of State Health Department. The proposed subdivision
plat shall be properly endorsed by the State Health Department as
meeting the standards of the State Sanitary Code before any public
hearing is scheduled.
D.
Action on proposed subdivision plat. After careful study, the Planning
Board shall, within 45 days from the date of public hearing on the
subdivision plat, approve, modify or disapprove such plat and shall
advise the applicant, in writing, of its decision. The grounds for
disapproval of any plat shall be stated on the records of the Planning
Board.
E.
Signing of plat.
(1)
Every subdivision plat approved by the Board shall carry a written
endorsement of the Planning Board signed by the Chairman. In the absence
of the Chairman or Secretary, the Acting Chairman or Acting Secretary,
respectively, may sign in his place.
(2)
A subdivision plat shall not be signed by the authorized officers
of the Board until the applicant has met all the conditions of the
action granting approval of such plat.
F.
Plat void if revised after approval. No changes, erasures, modifications
or revisions shall be made on any subdivision plat after approval
has been given by the Board. In the event that any subdivision 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.
H.
Public acceptance of proposed streets and park areas. 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.