A.
When any subdivision of land is proposed to be made and before any
contract for the sale of, or any offer to sell, such subdivision or
part thereof is made, and before the erection of any structure in
such proposed subdivision shall commence or any grading, clearing,
construction or other improvements shall be undertaken therein, the
subdivider or his duly authorized agent shall apply for approval of
such proposed subdivision in accordance with the procedure stated
herein.
B.
Where a tract of land is to be subdivided into not more than two
lots in any one year, the Planning Board may, at its discretion, grant
final approval after the preapplication procedure has been completed.
A.
Before applying for approval of the preliminary plat of the proposed subdivision, the subdivider or his agent shall meet with the Planning Board to discuss the rough sketch plan, which shall comply with the requirements of Article III, § 260-10, of this chapter, and of which seven copies should be submitted.
[Amended 3-8-2011 by L.L.
No. 4-2011]
B.
Within 30 days, the Planning Board shall inform the subdivider that
the plans and data as submitted or as modified do or do not meet the
objectives of this chapter. When the Planning Board finds the plans
and data do not meet the objectives of this chapter, it shall express
its reasons therefor to the subdivider in writing.
A.
After receiving the Planning Board's evaluation of the rough sketch plan, recommended pursuant to § 260-4 above, regarding his general program and objectives, the subdivider shall cause to be prepared a preliminary plat, together with improvement plans and other supplementary material, as specified in Article III, § 260-11, of this chapter.
B.
Ten copies of the preliminary plat and supplementary material specified
shall be submitted to the Planning Board for its approval. On receipt
of a complete preliminary plat, the Planning Board shall fix the date
for public hearing on the proposed subdivision in accordance with
§ 7-728 of Village Law.
[Amended 3-8-2011 by L.L.
No. 4-2011]
C.
The applicant shall cause notice of the public hearing, stating the
date, place and substance of the hearing, to be given to all owners
of property abutting the proposed subdivision and directly across
any adjoining street, as the names of said owners appear on the last
complete assessment roll in the Town of Montgomery. Such notice shall
be prepared, addressed and mailed by first-class mail by the Board
Secretary or other employee or officer of the Village who shall complete
and file an affidavit of mailing with the Board certifying the date
of the mailing and the address to which the notice was sent. All costs
associated with the mailing shall be set forth in the Village Fee
Schedule, as may be amended from time to time, and shall be borne
by the applicant. Said notice is to be mailed not less than 15 days
prior to the hearing and notice of same shall also be given by the
planning board by publication in the official newspaper of the Village.
Notice of the hearing shall be posted in four conspicuous places not
less than 15 days prior to the public hearing. The hearing on the
preliminary plat shall be closed upon motion of the Planning Board
within 120 days after it has been opened in accordance with New York
State Village Law, as may be amended from time to time.
[Amended 3-8-2011 by L.L.
No. 4-2011; 1-15-2019 by L.L. No. 1-2019]
D.
After the close of the public hearing, the Planning Board shall approve,
with or without modification, or disapprove such preliminary plat
in accordance with § 7-728 of Village Law.
[Amended 3-8-2011 by L.L.
No. 4-2011]
E.
Within five business days of the adoption of the resolution granting
approval of such preliminary plat, such plat shall be certified by
the clerk of the Planning Board as having been granted preliminary
approval and a copy of the plat and resolution shall be filed in such
clerk’s office. A copy of the resolution shall be mailed to
the owner.
[Amended 3-8-2011 by L.L.
No. 4-2011]
F.
Approval of the preliminary plat does not constitute approval of
the final plat. Rather, it shall be deemed an expression of approval
of the proposal submitted on the preliminary plat as a guide to the
preparation of the final plat, which will be submitted for approval
of the Planning Board and for recording upon fulfillment of the requirements
of this chapter.
A.
Within six months after the date of preliminary plat approval, the
subdivider shall, as to that portion of the land area in the preliminary
plat for which a subdivider seeks final approval:
(2)
Submit to the Planning Board the original drawing of the final plat on Mylar or its equivalent with 10 copies of the same and other required exhibits, as specified in Article III, § 260-12, of this chapter. If the applicant desires to have approval noted on any copies, he should submit the same in addition to the number provided for above.[2]
(5)
Complete improvements as shown on the final plat or post the required
performance bond for same.
(6)
Submit to the Planning Board electric, telephone and television cable
service plan with agreement from the utility company or companies
concerning provision of such services for the subdivision.
B.
When a final plat is submitted which the Planning Board deems to be in substantial agreement with the approved preliminary plat, 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 62 days of its receipt by the clerk of the Planning Board. When a final plat is submitted which the Planning Board deems not to be in substantial agreement with the approved preliminary plat, the Planning Board shall hold a public hearing and make its decision in accordance with § 7-728 of Village Law. No approval shall be deemed final unless the subdivider has provided all required information, as specified in Article III, § 260-12, of this chapter.[4]
C.
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 owner. 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 or filed
with the Village Clerk as determined by the Village Board of Trustees.[5]
A.
Upon completion of the above requirements and notation to that effect
on the final plat by the Planning Board, it shall be filed by the
subdivider in the office of the County Clerk. The approval given any
subdivision not so recorded within 62 days of the date of final approval
as noted on the plat shall become null and void in accordance with
§ 7-728 of the Village Law.[1]
B.
No changes, modifications or erasures shall be made on any plat after
final approval has been granted by the Planning Board and endorsed
in writing on the plat unless said plat is first resubmitted to the
Planning Board. In the event that such a 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 County Clerk.
A.
After approval of the preliminary plat by the Planning Board and
approval by the New York State Department of Health, where required,
the subdivider may enter into tentative contracts for the sale of
any lot within the subdivision, such contracts to be made subject
to final plat approval by the Planning Board.
B.
A building permit may be issued and construction may commence for
one but not more than three buildings for use as model homes prior
to final plat approval only upon written authorization by the Planning
Board specifying the lot or lots to which it is applicable, after
preliminary approval has been granted by the Planning Board, and provided
the New York State Department of Health, where required, has approved
the subdivision. In no case shall such buildings be occupied prior
to final plat approval and recording with the County Clerk as provided
in this chapter.
