When a final plat, clearly marked "final plat," is submitted which the Planning Board deems to conform with the preliminary plat previously approved, including meeting any conditions of such approval, or conforms to an approved sketch plan where the Planning Board approves going directly to a final plat, the Planning Board shall, by resolution, either conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing and certification of such final plat within 62 days of its receipt by the Planning Board. Failure of the Planning Board to act within such time, unless extended, shall constitute approval of such a final plat.
When a final plat is submitted which the Planning Board deems not to conform, all appropriate public hearings shall be conducted, during which such approval period shall be tolled.
The final plat for a major subdivision to be filed with the County Clerk shall be printed upon linen or Mylar or upon such paper or material required by the County Clerk of Columbia County so as to entitle the final plat to be duly filed. The plat shall show:
The proposed subdivision's name or identifying title and the name of the Town and county in which the subdivision is located; the name and address of the record owner and owner or applicant; the name, license number, and seal of the licensed land surveyor; a surveyor's certificate showing the date of completion of the survey and making of the map.
The plat shall also show dedicated public open spaces, all areas protected by conservation easements, and all open spaces or recreation areas where title is reserved by the owner or applicant. The agreements or documents as are necessary to show the manner in which such areas are to be owned, maintained and preserved, including road maintenance agreements approved by the Planning Board, shall be noted on or appended to the plat.
Road lines, pedestrianways, lots, reservations, easements and areas to be dedicated to public use.
The length and bearing of all straight lines, radii, chord bearing, arc and/or central angles of all curves shall be given for each road. 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 or magnetic North point.
Sufficient data acceptable to the Planning Board to readily determine the location, bearing and length of every road line, lot line, boundary line, including chord bearing, curve radii and arc length or central angle 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.
Lots and blocks within a subdivision shall be numbered and lettered in accordance with the prevailing Town practice.
Permanent reference monuments shall be shown and shall be constructed in accordance with specifications 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.
All lot corner markers shall be permanently located satisfactorily to the Town Engineer, at least 3/4 of an inch (if metal) in diameter, and at least 24 inches in length, and located in the ground to existing grade.
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 road intersections, angle points in street lines, points of curve, and such intermediate points as shall be required by the Town Engineer.
A map shall be submitted to the satisfaction of the Planning Board, indicating the location of monuments marking all underground utilities as actually installed. If the owner or applicant completes all required improvements without a security agreement, then such a map shall be submitted prior to final approval of the subdivision plat. However, if the owner or applicant elects to provide a security agreement for all required improvements, such bond or other security shall not be released until such a map is submitted in a form satisfactory to the Planning Board.
Upon resolution of conditional or final approval of such final plat, the Planning Board shall empower a duly authorized officer to sign the plat upon completion of such requirements as may be stated in the resolution. Within five days of such resolution, the plat shall be certified by the Clerk of the Planning Board as having been granted conditional or final approval, and a copy filed in his/her office and a copy mailed to the owner or applicant. In the case of a conditionally approved plat, such resolution shall include a statement of the requirements which, when completed, will authorize the signing of the conditionally approved plat. Upon completion of such requirements, the plat shall be signed by the duly authorized officer of the Planning Board, and a copy of the signed plat shall be filed in the office of the Clerk of the Planning Board.
In granting conditional or final approval of a plat in final form, the Planning Board may permit the plat to be subdivided and developed in two or more sections and may, in its resolution granting conditional or final approval, state that such requirements as it deems necessary to insure the orderly development of the plat be completed before the sections may be signed by the duly authorized officer of the Planning Board. Conditional or final approval of the sections of a final plat may be granted concurrently with conditional or final approval of the entire plat, subject to any requirements imposed by 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.
Any default approval of a preliminary plat shall not avoid the need for final plat submission and approval.
Before the Planning Board grants final approval of the subdivision plat, the owner or applicant shall complete all improvements (including roads and highways) or follow the procedure set forth in Subsection A(1) below.
In an amount set by the Planning Board, the owner or applicant owner or applicant shall either file with the Town Clerk a certified check to cover the full cost of the required improvements, or the owner or applicant shall file with the Town Clerk a performance bond, letter of credit or other acceptable security to cover the full estimated cost of the required improvements (hereinafter "security agreement"). Any such security shall comply with the requirements of § 277 of the Town Law, as the same now exists or may hereafter be amended, and shall be satisfactory to the Planning Board, Town Board and Town Attorney as to form, sufficiency, manner of execution and surety. A period of one year, or such other period as the Planning Board may determine, in writing, to be appropriate, not to exceed three years, shall be set forth in the security agreement, within which required improvements must be completed.
If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the Planning Board that unforeseen field conditions make it necessary or preferable to modify the location or design of such required improvements, the Planning Board may, without requiring resubmission of the final plat, authorize such modifications within the spirit and intent of the Planning Board's prior approval without waiving or substantially altering the function of any such improvements.
At least five days prior to commencing construction of required improvements, the owner or applicant shall pay to the Town Clerk the inspection fee required by the Town Board and shall notify the Town Board, in writing, of the time when the owner or applicant proposes to commence construction of such improvements so that the Town may cause review to be made to assure that all Town specifications and requirements shall be met during the construction of required improvements and to assure the satisfactory completion of improvements required by the Planning Board.
If, upon inspection of the improvements performed before the expiration date of the security agreement, the Town Engineer finds that any of the required improvements have not been constructed in accordance with the approved final plat and any approved field condition modifications, the Town Engineer shall so report to the Town Board, Building Inspector, Highway Superintendent, and Planning Board. The Town Board then shall notify the owner or applicant and, if necessary, the surety and take all necessary steps to preserve the Town's rights under the security agreement.
Failure to complete improvements.
Without security agreement. If the improvements are not completed within the period specified by the Planning Board in the resolution approving the subdivision plat, the approval shall be deemed to have expired, and the plat shall not be signed. The applicant may reapply for approval of the proposed subdivision in accordance with this chapter.
Default with a security agreement. In the event that any required improvements have not been installed within the term or expiration date and nonrenewal of a security agreement, the Town Board may thereupon declare the security agreement to be in default and collect the sum remaining payable thereunder. Upon receipt of the proceeds, the Town shall install such improvements that have taken place in the subdivision, not exceeding in cost the amount of the proceeds. If none of the required improvements have been installed within the time period specified in the security agreement or any renewal or replacement thereof, the approval of the subdivision shall be deemed null and void, and the Town may institute proceedings to have the plat stricken from the records of the County Clerk.
Extension of period specified in security agreement.
The time period for the completion of all required improvements as set forth in the security agreement and any renewals or replacements thereof shall not be extended except upon approval of the Planning Board. Requests for an extension shall be addressed, in writing, to the Planning Board and shall set forth the following:
Detailed reasons for failure or inability to complete the work within the time specified in the security agreement.
The amount of work which has been completed, as certified by the applicant's engineer.
The maximum estimated time required to complete the remainder of the work.
The terms of the security agreement.
The Planning Board shall consider escalations in construction costs and may require the amount of security/bond to be increased to reflect the increased construction costs.
Reduction in security. Upon approval of the Town Board and after due notice, the Planning Board may reduce the required amount of a performance bond or other security during its term if the Planning Board finds that sufficient improvements have been installed to warrant such a reduction. Requests for a reduction shall be made, in writing, to the Planning Board and shall itemize the amount of required improvements already completed and the amount of reduction requested. The Planning Board shall forward such application to the Town Board for its action.
Upon completion of the requirements in § 167-35 of this article and above, 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 shall be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed or recorded by reasons of the failure of the owner or applicant to act, within 62 days of the date upon which such plat is approved or considered approved, shall lapse and shall require resubmission to the Planning Board for restamping or review as a preliminary or final plat as the Planning Board determines, given the duration of such failure, the reasons therefor, the performance of required improvements and the applicability of intervening laws, standards or requirements.
No changes, erasures, modifications, or revisions shall be made in any subdivision plat after approval has been given by the Planning Board and signed and certified on the plat, unless the said plat is first resubmitted to the Planning Board and such Board approves any modifications or field condition modifications described in § 167-36B of this article. 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 Board shall institute proceedings to have the plat stricken from the records of the County Clerk.
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 road, easement, or other open space shown on such subdivision plat.
When a conservation easement, trail, 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 need and title, dedication and provision for the cost of grading, development, equipment, and maintenance of any such recreation area.
In granting conditional or final approval of a plat in final form, the Planning Board may permit the plat to be subdivided and developed in two or more phases and may, in its resolution granting conditional or final approval, state that such requirements as it deems necessary to insure the orderly development of the plat be completed before said phases may be signed by the duly authorized officer of the Planning Board. Conditional or final approval of the sections of a final plat may be granted concurrently with conditional or final approval of the entire plat, subject to any requirements imposed by the Planning Board.
The owner of an approved subdivision may abandon such subdivision pursuant to the provisions of § 560 of the Real Property Tax Law.