Town of Bath, NY Article II Procedure

§ 107-6 Approval required.

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.

§ 107-7 Preapplication discussion and classification.

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]

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

(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.

§ 107-8 Preliminary layout.

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.

(3) Be accompanied by three copies of the preliminary layout and supplementary material described in Article IV, § 107-17, of this chapter.

(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.

(6) Be accompanied by a fee in an amount set by resolution of the Town Board, payable to the Town of Bath.[1]

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. The current fee resolution is on file in the office of 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.

§ 107-9 Subdivision plat and final approval.

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.

(3) Be accompanied by three copies of the subdivision plat, as described in Article IV, § 107-19, of this chapter.

(4) Comply in all respects with the preliminary layout as tentatively approved.

(5) Comply with the improvement requirements of Article V of this chapter.

(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.

G. Filing of approved subdivision plat. Within 60 days of the signing, the approved plat shall be filed with the County Clerk's office or become null and void.[1]

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

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.