Applications for approval of a minor subdivision shall be processed
in the following steps:
A. Optional sketch plan conference.
B. Application for final plat approval.
C. Determination of SEQR applicability.
D. Public hearing on final plat.
E. Planning Board action on final plat.
Applications for approval of a major subdivision shall be processed
in the following steps:
B. Application for preliminary plat approval.
C. Determination of SEQR applicability.
D. Public hearing on preliminary plat.
E. Planning Board action on preliminary plat.
F. Application for final plat approval.
G. Public hearing on final plat (not required for all approvals; see §
143-37).
H. Planning Board action on final plat.
Within 62 days of receipt of a complete application for approval
of a preliminary plat for a major subdivision or a final plat for
a minor subdivision, the Planning Board shall conduct a public hearing.
The hearing shall be advertised at least once in a newspaper of general
circulation in the Town at least 10 days before the hearing. If the
subdivision is classified as a Class B Regional Subdivision, notice
of the hearing shall be provided to the Adirondack Park Agency at
least 10 days prior to such hearing.
Within 62 days from the public hearing for a final plat for
a minor subdivision, the Planning Board shall render a decision on
the application. The Planning Board shall approve, approve with modifications,
or disapprove the plat, and state any modifications or reasons for
disapproval. The time in which the Planning Board must take action
on such plat may be extended by mutual consent of the subdivider and
the Planning Board. Failure of the Planning Board to act within such
sixty-day or otherwise-agreed-upon period shall be deemed approval
of the final plat. Within five days of approval, it shall be certified
by the Chairperson of the Planning Board, acting as the Clerk of the
Planning Board, as having been granted approval. One copy shall be
returned by mail to the subdivider, and one copy shall be retained
by the Planning Board. A copy of the resolution stating the decision
shall be filed with the office of the Town Clerk.
This step is not required for subdivisions that have received
preliminary plat approval, and that are in substantial agreement with
the approved preliminary plat. For other applications, the Planning
Board shall conduct a public hearing within 62 days of receipt of
a complete application for final plat approval. The hearing shall
be advertised at least once in a newspaper of general circulation
in the Town at least 10 days before the hearing. If the subdivision
is classified as a Class B Regional Subdivision, notice of the hearing
shall be provided to the Adirondack Park Agency at least 10 days prior
to such hearing.
Upon conditional approval, with or without modification, of
a final plat, the Planning Board shall empower a duly authorized officer
to sign the plat and grant final plat approval when all requirements
stated in the conditional approval resolution have been satisfied.
The plat shall be certified by the Clerk of the Planning Board as
conditionally approved, a copy shall be filed in his office, and a
certified copy mailed to the subdivider. A certified statement of
the requirements shall accompany the plat which, when completed, will
authorize the signing of the conditionally approved final plat. The
conditionally approved plat shall expire 180 days after the date of
the resolution granting conditional approval. The Planning Board may,
however, extend the expiration time not to exceed two additional periods
of 90 days each. Upon completion of the requirements, the final plat
shall be filed with the Clerk of the Planning Board or the Town Clerk.
Conditional approval does not qualify a final plat for recording nor
authorize issuance of building permits prior to final plat approval.
No final plat shall be approved unless:
A. All infrastructure and improvements have been constructed as required by this chapter and by the Planning Board and have been satisfactorily completed in accordance with Article
III herein; or
B. In lieu of the completion of improvements prior to final plat approval, financial guarantee is provided by the subdivider in accordance with Article
VI herein.
The subdivider shall record the final plat, or section thereof,
in the office of the Clerk of Hamilton County, New York, within 62
days after the date of approval; otherwise the approval shall expire.
Final plat approval by the Planning Board shall not be deemed
an acceptance by the Town of any road or other land shown dedicated
by the subdivider.
Costs incurred by the Planning Board for consultation fees or
other extraordinary expenses in connection with the review of a proposed
subdivision plat shall be charged to the applicant. Prior to incurring
such costs, the Planning Board shall discuss such costs with the applicant,
and may require that an escrow account be established for such purpose.