Town of Kent, NY Article III Application and Review Procedures

§ 66A-7 Approval required; compliance with provisions.

A. Applications for subdivision, resubdivision and revised lot line approval under this chapter shall comply fully with the applicable provisions of Article 16 of the Town Law, except where superseded herein; the Public Health Law; the Real Property Law; and this chapter. Due care in the preparation of the maps and other information as set forth herein will expedite the process of obtaining approval of a subdivision, resubdivision and revised lot line.

B. When any subdivision, resubdivision or revised lot line of land is proposed, and before any contract for the sale of land or any offer to sell property requiring a subdivision, resubdivision or revised lot line approval, or any part thereof is made, or any grading, clearing, construction or other improvement is undertaken therein, the owner or his duly authorized agent shall have received the prior approval of the Planning Board for such subdivision, resubdivision or revised lot line in accordance with the procedures set forth in this chapter.

C. In the case of a resubdivision involving a lot or lots that are part of a subdivision that was filed with the Putnam County Clerk prior to the establishment of the Town Planning Board or was otherwise filed without the approval of the Planning Board, said resubdivision shall be subject to the approval of the Town Planning Board.

D. Each lot created pursuant to this chapter shall be a buildable lot as defined herein.

E. Expiration of application. Failure of an applicant to diligently pursue an application either through an appearance before the Planning Board or submission of written materials and/or modified plans in response to requests, questions or directions from the Planning Board for a period of one year from the last date of any such action or appearance on an application shall be deemed a withdrawal of the application. Prior to the time any such application is deemed withdrawn, the Planning Board shall provide no less than 30 days' written notice to the applicant of the automatic withdrawal provision of this subsection. Upon the withdrawal of the application any future application for the same project or action shall be deemed a new application, subject to any fees, rules and regulations in effect at such later date.

§ 66A-8 Preapplication review and classification; procedure.

A. Prior to submittal of an application for preliminary subdivision of a major subdivision, final subdivision for a minor subdivision, and any resubdivision approval, all applicants are required to submit a resource analysis and a conceptual plan, and shall participate in a discussion with the Planning Board about the resource analysis and conceptual plan. The Planning Board, in its discretion, may waive a resource analysis review.

B. Prior to filing a formal application for approval or conditional approval of a preliminary layout or a final plat layout for a subdivision, a resubdivision or a revised lot line that has not previously been reviewed by the Planning Board, the applicant shall:

(1) Determine the requirements of the Town of Kent Planning Board, the Putnam County Department of Public Works (where development is proposed along a county road), the Town Highway Department (where development is proposed along a Town road), the Putnam County Health Department (where approval is required pursuant to the Sanitary Code of Putnam County and the laws of the State of New York), the New York State Department of Transportation (where development is proposed along a state highway), and the New York State Department of Environmental Conservation as required.

(2) Submit to the Planning Board a conceptual plan, a resource analysis, and data as specified in § 66A-16 of this chapter together with a fee in an amount set by the Town Board.[1]

[1] Editor's Note: See Ch. 36, Fees.

C. The preapplication submission is made in order to discuss the appropriateness of the proposed layout, the suitability of the land for development, the general requirements for improvements, and conformity with this chapter, and with the Comprehensive Plan and Chapter 77.[2] The preapplication process is required to ensure that Town development goals are recognized as they may apply to the property in question. It will provide an opportunity for the owner and Planning Board to discuss the proposed density and intensity of development; the general location(s) of improvements; areas planned to remain undeveloped; and general access and utility plans. As part of the preparation of the resource analysis it is expected that the applicant will have performed an on-site assessment of environmental conditions of the parcel(s) proposed to be created. The applicant should therefore be prepared to discuss possible subdivision concepts based on what has been learned from the resource analysis. No statement, comment or other communication made during this review shall be binding upon any party. The process is intended to help expedite the formal subdivision review before the applicant has made a substantial investment in the application process.

[2] Editor's Note: See Ch. 77, Zoning.

D. Study of the conceptual plan and the resource analysis. The Planning Board shall discuss the proposed conceptual plan and the resource analysis with the applicant and shall determine how the proposed plan meets the objectives of the Comprehensive Plan, the Zoning Law[3] and this chapter. The Planning Board shall consider the areas of proposed development and their relation to one another, the natural constraints of the land and the protection of important environmental features and open space, and the potential effect of development on important viewsheds. The Planning Board shall make recommendations for modification or redesign to be incorporated by the applicant in the next submission to the Planning Board, and shall indicate to the applicant the priority resources to be preserved. Any requirements of these regulations which the applicant requests to be waived should be discussed at this time. No binding decision shall be made during the preapplication review. The Planning Board's review of the conceptual plan discussion shall not be construed to be an approval of the plan by the Planning Board, and does not allow the filing of the conceptual plan with the Putnam County Clerk or authorize the sale or lease, or authorize any offer to sell or lease, any lots or any part thereof requiring approval under this chapter. Further, the review of the conceptual plan is not an action as defined by Article 8 of the Environmental Conservation Law and shall not constitute environmental review as defined by Article 8 of the Environmental Conservation Law.

[3] Editor's Note: See Ch. 77, Zoning.

§ 66A-9 Public hearing notices; additional notice requirements.

The following shall apply to any application for which a public hearing is held on an application pursuant to this chapter:

A. For any public hearing under this chapter the hearing on the application shall be advertised at least once in a newspaper designated by the Town Board for publication of legal notices at least five days before such hearing is held or 14 days before a hearing held jointly on a draft environmental impact statement (DEIS). All notices shall include the name of the subdivision, the location of the land to be subdivided, and the date, time, place and subject of the public hearing. Such notice shall not be required for adjourned dates. In addition, the applicant shall mail a copy of the public hearing notice, U.S. first class certified mail, return receipt requested, to owners of neighboring properties as follows:

(1) If the project site is located in the R-10 District, to all landowners within 100 feet of the project site.

(2) If the project site is located in the R-40 or R-80 District, to all landowners within 500 feet of the project site.

(3) If the project site is located in the Commercial, IOC or PRD District, to all landowners within 100 feet of the project site.

B. Agricultural data statement. If any portion of the project is located on property within an agricultural district containing a farm operation, or on property with boundaries within 500 feet of a farm operation located in an agricultural district, the application must include an agricultural data statement containing the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within the agricultural district, which land contains farm operations and is located within 500 feet of the boundary of the property upon which the project is proposed; and a tax map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement.

C. Referral to neighboring municipalities. Pursuant to General Municipal Law § 239-nn, for a subdivision review under this section involving property located within 500 feet of an adjacent municipality, notice of any public hearing shall be given by mail or electronic transmission to the clerk of the adjacent municipality not less than 10 days prior to the date of said hearing.

§ 66A-10 Procedure for revised lot line approval.

A. The applicant shall be the record owners of each of the lots or parcels affected by the proposed revised lot line and they shall complete an application for revised lot line on a form to be designated by the Planning Board and signed by the owners of each of said lots or parcels.

B. The applicant(s) shall submit to the Planning Board an application and survey showing the proposed revised lot line along with the data as specified in § 66A-17 of this chapter. The application shall be accompanied by an application fee in an amount set by the Town Board for such application.[1] Additionally, engineering, legal and consulting review fees as set forth in Chapter 55 of the Town Code may also apply.[2]

[1] Editor's Note: See Ch. 36, Fees.

[2] Editor's Note: See Ch. 55, Engineering, Legal and Consulting Fees.

C. No lot line revision shall be approved if any lot, parcel or structure on any lot that is decreased in size would, as a result of such decrease, fail to conform to the requirements of the Town of Kent Zoning Code[3] or, if already nonconforming, become more nonconforming, unless the applicant has obtained a variance from the Zoning Board of Appeals. In the event a variance from the Zoning Board of Appeals is required in order to allow an application for lot line revision approval to proceed, the applicant shall first submit the application for lot line revision approval to the Planning Board and shall meet with the Planning Board to discuss the application prior to submitting any application for a variance to the Zoning Board of Appeals. In the event the Zoning Board of Appeals receives an application for an application for a variance to allow a lot line revision that has not been reviewed by the Planning Board, the Zoning Board of Appeals shall refer to the application to the Planning Board for an advisory opinion on the application and the lot line revision plan prior to taking action on the variance application. The Planning Board shall render its report to the Zoning Board of Appeals within 45 days of referral of the variance application. A failure on the part of the Planning Board to issue a recommendation within said forty-five-day period shall be deemed to be a recommendation in favor of the variance application.

[3] Editor's Note: See Ch. 77, Zoning.

D. Upon receipt of the application and survey, which survey shall reference the existing filed map number(s) if any, the Planning Board shall schedule the matter to be heard and reviewed at the next available regular Planning Board meeting, which shall be attended by at least one of the applicants or by the applicant's representative. The Planning Board shall review the documents submitted and, in the Planning Board's discretion, approve or disapprove the proposed revised lot line no later than 62 days from the date of the meeting at which the matter was first heard. An application for a revised lot line shall not be considered complete until a negative declaration has been filed in accordance with the provisions of the State Environmental Quality Review Act.[4]

[4] Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

E. Grounds for decision. The grounds for approval, with or without modification, or the grounds for disapproval shall be stated upon the records of the Planning Board. When approving a revised lot line the Planning Board shall state in writing any conditions or modifications it deems necessary for the Chairman's signature.

F. Upon approval, the proposed deeds of conveyance as required by § 66A-17 of this chapter shall be subject to review and approval by the Planning Board Attorney. Upon notification by the Planning Board Attorney that the deeds are in conformity with the provisions of this chapter, the applicant shall submit the Mylar for the Planning Board Chairman's signature.

G. Written notice of the action of the Planning Board, plus any conditions attached thereto, shall be provided to the applicant, and a copy of such notice shall be filed with the Town Clerk within five days of the Board's decision.

H. In the event that the approved survey map and deeds are not filed in the office of the Putnam County Clerk within 62 days from the date of the Chairman's signature, the revised lot line approval shall become null and void as if it had never been approved. Upon request of the applicants, the Planning Board may extend this time period, provided that the request for extension has been received in writing and is signed by the owners of each lot within such original sixty-two-day period. The Planning Board may grant a single ninety-day extension.

§ 66A-11 Procedure for minor subdivision plat approval.

A. Purpose. A minor subdivision is intended to be processed for final subdivision approval because minor subdivision does not involve public improvements; the security and other requirements typical of a major subdivision would not apply.

B. The applicant shall submit to the Planning Board a plan showing the proposed minor subdivision along with the data as specified in § 66A-19 of this chapter. The application shall be accompanied by an application fee in an amount set by the Town Board for such application.[1] Additionally, engineering, legal and consulting review fees as set forth in Chapter 55 of the Town Code may also apply.[2] The proposed final minor subdivision, together with drawings and documents, shall constitute the complete development of the subdivision proposal, shall include any comments from the Planning Board's conceptual plan discussion and shall include the detailed layout drawings for any private improvements and utilities. The final plat shall be an accurate survey record of the properties resulting from the subdivision and shall bear the seal and signature of the licensed land surveyor responsible for its preparation. The final plat shall include a notation stating that the subdivision is classified as a minor subdivision.

[1] Editor's Note: See Ch. 36, Fees.

[2] Editor's Note: See Ch. 55, Engineering, Legal and Consulting Fees.

C. Submittal to the Planning Board. A minor subdivision plat application shall be submitted to the Planning Board within six months of the conceptual plan discussion. Failure to do so may, at the discretion of the Planning Board, require resubmission of the conceptual plan to the Planning Board for further discussion.

D. When officially received. An application submitted under this section shall be deemed received at the next regular meeting of the Planning Board at which the application is to be considered.

E. Applicant to attend Planning Board meeting. The applicant or his duly authorized representative shall attend meetings of the Planning Board at which the application is considered to discuss the plat. Although not required, applicants are encouraged to commence discussions with the owners of land abutting or in proximity to the project site to ascertain local concerns and local development issues early in the project design process.

F. Look-back provision. In the case of a minor subdivision, no more than three lots shall be created either simultaneously or sequentially from a parent parcel within a ten-year period from the date of final approval. Should more than that total number of lots be applied for within 10 years of the date the minor subdivision is approved, the Planning Board shall require the applicant to provide all of the information required of a major subdivision for the previously subdivided lots as well as for the lots under consideration in the new application, and shall process the application as an application for a major subdivision.

G. Compliance with the State Environmental Quality Review Act.[3] An application for a minor subdivision shall not be considered complete until a negative declaration has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of a minor subdivision plat shall begin upon filing of such negative declaration. An application for minor subdivision approval that has been determined by the Planning Board to require the preparation of a draft environmental impact statement shall result in the processing of the application as a major subdivision.

[3] Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

H. Coordination with State Environmental Quality Review Act procedures; public hearing and decision.

(1) Planning Board as the lead agency.

(a) Public hearing on a minor subdivision. If the Planning Board determines that the preparation of an environmental impact statement on the minor subdivision is not required, the public hearing on such plat shall be held within 62 days after receipt of a complete minor subdivision application. If the Planning Board determines that an environmental impact statement is required the application shall be processed as a major subdivision in accordance with § 66A-12 of this chapter.

(b) Decision. The Planning Board shall approve, with or without modification, or disapprove the minor subdivision within 62 days after the close of the public hearing.

(c) Grounds for decision. The grounds for the Planning Board's decision shall be stated upon the records of the Planning Board. When approving a minor subdivision the Planning Board shall state in writing any conditions or modifications it deems necessary for the Chairman's signature.

(2) Planning Board not as lead agency.

(a) Public hearing on a minor subdivision. The Planning Board may schedule a public hearing on a minor subdivision but shall not act to close the public hearing or take action on the application until it has received a negative declaration from the lead agency. In any event, the Planning Board shall hold the public hearing on the minor subdivision within 62 days after receipt of the notice from the lead agency that it has issued a negative declaration. The hearing on the minor subdivision shall be closed upon motion of the Planning Board within 120 days after it has been opened. If the lead agency determines that a draft environmental impact statement must be prepared the minor subdivision shall be processed as a major subdivision in accordance with § 66A-12 of this chapter.

(b) Decision. The Planning Board shall by resolution approve, with or without modification, or disapprove the minor subdivision within 62 days after the close of the public hearing.

(c) Grounds for decision. The grounds for approval, with or without modification, or the grounds for disapproval shall be stated upon the records of the Planning Board. When approving a minor subdivision the Planning Board shall state in writing any conditions or modifications it deems necessary for the Chairman's signature.

I. Filing of notice of action. Written notice of the action of the Planning Board, plus any conditions attached thereto, shall be provided to the applicant, and a copy of such notice shall be filed with the Town Clerk within five days of the Board's decision.

J. Expiration of the minor subdivision approval. Planning Board approval of a minor subdivision shall expire one year from the date of adoption of the resolution granting such approval. Prior to the expiration of the minor subdivision approval the applicant may request an extension of such approval by submitting a request in writing prior to the time the approval would expire and stating the reasons for such extension. The Planning Board may extend by not more than two additional periods of three months each the time for expiration of the preliminary plat if, in the Board's opinion, such extension is warranted by the particular circumstances. A failure to complete the conditions of the minor subdivision approval within the required time period(s) shall result in the approval becoming null and void.

K. Fees. All application fees are in addition to any required review fees that may be required by the Planning Board pursuant to Chapter 55 of the Town Code.[4] The Planning Board may, in the event an applicant fails to maintain sufficient monies in any review fee account established for the review of a project, halt the review of the application until such time as the review fee account has been replenished to the satisfaction of the Planning Board. Where the review of a project has been halted due to the applicant's failure to maintain sufficient monies in a review fee account, any mandatory time period(s) for action by the Planning Board shall be tolled until the review fee account has been replenished. Prior to suspending review of an application for failure to maintain sufficient monies in the review fee account, the Planning Board shall provide written notice to the applicant setting forth the amount of the deficiency and the amount of monies that must be deposited with the Planning Board in order to avoid a suspension of the review and processing of the application.

[4] Editor's Note: See Ch. 55, Engineering, Legal and Consulting Fees.

L. Endorsement of the Chairman. Upon Planning Board approval of the minor subdivision plat, the applicant shall carry out the following steps prior to obtaining the Chairman's signature of approval:

(1) Provide proof of compliance with Department of Health standards and approval of the plan for water supply and sewage disposal.

(2) Provide proof of compliance with all other required local, state and federal agency permits and approvals, including but not limited to stream disturbance; wetland and wetland buffer disturbance; highway work; curb cuts; stormwater connections; State Pollutant Discharge Elimination System (SPDES) permit discharges; dams and impoundments, etc.

(3) Make all required corrections or changes to the minor subdivision plat map as outlined in the approval resolution of the Planning Board and provide three copies of the corrected final plat to the Planning Board for final review for compliance with the resolution of the Planning Board.

(4) The applicant shall also complete all applicable conditions of the Planning Board resolution approving the final plat.

(5) Application review fees, in-lieu-of recreation fees, and inspection fees, if applicable, are due and payable prior to the time the Chairman endorses the final plat map.

(6) The Planning Board shall notify the applicant that the minor subdivision plat is acceptable for signature, at which time the applicant shall provide one Mylar and three paper copies of the minor subdivision plat for the endorsement of the Chairman. After the Chairman has signed the Mylar and the paper copies of the plat the Secretary shall immediately notify the applicant of the availability of the minor subdivision plat map. The applicant is solely responsible for filing of the minor subdivision plat with the Putnam County Clerk.

M. Filing of minor subdivision plat; expiration of approval. The applicant shall file the approved minor subdivision plat in the office of the Putnam County Clerk within 62 days of the date of the Chairman's signature or the plat shall be deemed to be null and void.

N. Filed plat map. Within seven days of the date the minor subdivision plat is filed with the Putnam County Clerk the applicant shall submit to the Planning Board three copies of the plat showing the endorsement of the Putnam County Clerk. The final plat itself must be recorded with the Putnam County Clerk to have legal status, and an unrecorded plat shall not be a valid basis for sale, lease or rental of lots, or of site improvements or other commitments.

O. Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made to any subdivision plat after endorsement of said plat by the Chairman of the Planning Board unless the plat is first resubmitted to the Planning Board and the Board approves any modifications. Such modified plat shall be resubmitted to the Planning Board for restamping and signature. 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 Planning Board shall institute proceedings to have the plat stricken from the records of the Putnam County Clerk.

§ 66A-12 Procedure for approval of preliminary layout for major subdivision.

A. Purpose. A major subdivision often involves matters of some complexity that must be addressed prior to the time final subdivision approval is granted. Unless waived by the Planning Board a major subdivision is normally granted preliminary approval to allow an applicant time to address the conditions of preliminary approval, and then return to the Planning Board for review of the proposed final subdivision plat, which may have undergone revision as a result of conditions imposed by other local, regional, state or federal agencies.

B. The applicant shall submit to the Planning Board a plan showing the proposed major subdivision along with the data as specified in § 66A-18 of this chapter. The application shall be accompanied by an application fee in an amount set by the Town Board for such application.[1] Additionally, engineering, legal and consulting review fees as set forth in Chapter 55 of the Town Code may also apply.[2] The proposed preliminary plat, together with the supporting documents, constitute the material to be officially submitted to the Planning Board. The preliminary plat shall be an accurate survey record of the properties resulting from the subdivision and shall bear the seal and signature of the licensed land surveyor responsible for its preparation. The preliminary plat shall include a notation stating that the subdivision is a preliminary subdivision. Approval of the preliminary layout does not constitute an approval of the final plat, nor shall it be considered a valid basis for filing of the preliminary plat with the Putnam County Clerk, nor for sale, lease or rental of lots, nor the construction of site improvements on or for the lots proposed to be created.

[1] Editor's Note: See Ch. 36, Fees.

[2] Editor's Note: See Ch. 55, Engineering, Legal and Consulting Fees.

C. Submittal to the Planning Board. A preliminary subdivision plat application shall be submitted to the Planning Board within six months of the conceptual plan discussion. Failure to do so may, at the discretion of the Planning Board, require resubmission of the conceptual plan to the Planning Board for further discussion.

D. When officially received. An application submitted under this section shall be deemed received at the next regular meeting of the Planning Board at which the application is to be considered.

E. Applicant to attend Planning Board meeting. The applicant or his duly authorized representative shall attend meetings of the Planning Board at which the application is considered to discuss the preliminary plat. Although not required, applicants are encouraged to commence discussions with the owners of land abutting or in proximity to the project site to ascertain local concerns and local development issues early in the project design process.

F. Study of preliminary plat. The Planning Board shall study the proposed preliminary plat, taking into consideration the goals and policies of the Comprehensive Plan for the district in which the parcel is located, the needs of the community, the requirements of Chapter 77[3] and this chapter. Particular attention shall be given to the arrangement, location and width of proposed streets, driveways and private roads, and the relation of proposed improvements to the topography of the land, water supply, sewage disposal, vehicular and pedestrian access, preservation of natural resources, relationship to improvements on adjacent and neighboring land, drainage, lot sizes and arrangement. The Board shall also consider the future development of adjoining lands not yet subdivided.

[3] Editor's Note: See Ch. 77, Zoning.

G. Look-back provision. Within any ten-year period no more than 49 lots may be created either simultaneously or sequentially from a parent parcel for which both central sewer and water services do not exist or have not been provided. Should more than that total number of lots be applied for within 10 years of the date of subdivision approval involving the parent parcel the Planning Board may require the applicant to include a plan for providing central sewer and water services to the previously subdivided lots at no additional cost to their present owners as part of the new application for subdivision approval.

H. Compliance with the State Environmental Quality Review Act.[4] A preliminary plat application shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of a preliminary subdivision application shall begin upon filing of such negative declaration or such notice of completion.

[4] Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

I. Coordination with State Environmental Quality Review Act procedures; public hearing and decision.

(1) Planning Board as lead agency.

(a) Public hearing on preliminary plat. The time within which the Planning Board shall hold a public hearing on the preliminary plat shall be coordinated with any hearings the Planning Board may schedule pursuant to the State Environmental Quality Review Act as follows:

[1] If the Planning Board determines that the preparation of an environmental impact statement on the preliminary plat is not required, the public hearing on such plat shall be held within 62 days after receipt of a complete preliminary plat; the hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened; or

[2] If the Planning Board determines that an environmental impact statement is required, and a public hearing on the draft environmental impact statement is held, the public hearing on the preliminary plat and the draft environmental impact statement shall be held jointly within 62 days after the filing of the notice of completion of such draft environmental impact statement in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, a public hearing on the preliminary plat shall be held within 62 days of filing the notice of completion. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.

(b) Decision. The Planning Board shall approve, with or without modification, or disapprove such preliminary plat as follows:

[1] If the Planning Board determines that the preparation of an environmental impact statement on the preliminary plat is not required, the Planning Board shall make its decision within 62 days after the close of the public hearing; or

[2] If the Planning Board determines that an environmental impact statement is required, and a public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of such public hearing in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of the public hearing on the preliminary plat. Within 30 days of the filing of such final environmental impact statement, the Planning Board shall issue findings on the final environmental impact statement and make its decision on the preliminary plat.

(c) Grounds for decision. The grounds for the Planning Board's decision shall be stated upon the records of the Planning Board. When approving a preliminary plat, the Planning Board shall state in writing any conditions or modifications it deems necessary for the Chairman's signature.

(2) Planning Board not as lead agency.

(a) Public hearing on preliminary plat. The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the preliminary plat jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement, the Planning Board shall hold the public hearing on the preliminary plat within 62 days after receipt of a complete preliminary plat. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.

(b) Decision. The Planning Board shall by resolution approve with or without modification or disapprove the preliminary plat as follows:

[1] If the preparation of an environmental impact statement on the preliminary plat is not required, the Planning Board shall make its decision within 62 days after the close of the public hearing on the preliminary plat.

[2] If an environmental impact statement is required, the Planning Board shall make its own findings and its decision on the preliminary plat within 62 days after the close of the public hearing on such preliminary plat or within 30 days of the adoption of findings by the lead agency, whichever period is longer.

(c) Grounds for decision. The grounds for the Planning Board's decision shall be stated upon the records of the Planning Board. When approving a preliminary plat, the Planning Board shall state in writing any conditions or modifications it deems necessary for the Chairman's signature.

J. Filing of notice of action. Written notice of the action of the Planning Board, plus any conditions attached thereto, shall be provided to the applicant, and a copy of such notice shall be filed with the Town Clerk within five days of the Board's decision. Approval of the preliminary plat shall not constitute approval of the final plat, but shall be deemed an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the final plat which must be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of the Town Zoning Law[5] and this chapter, and the conditions of the approval of the preliminary plat, if any. Prior to approval of the final subdivision plat, the Planning Board may require additional changes as a result of further study of the final subdivision plat, or as a result of new information obtained during the review of the final plat.

[5] Editor's Note: See Ch. 77, Zoning.

K. Expiration of preliminary plat approval. Planning Board approval of a preliminary layout submission shall expire 18 months from the date of adoption of the resolution granting such approval. Prior to the expiration of preliminary approval the applicant may request an extension of the preliminary approval by submitting a request in writing prior to the time the approval would expire and stating the reasons for such extension. The Planning Board may extend by not more than two additional periods of six months each the time for expiration of the preliminary plat if, in the Board's opinion, such extension is warranted by the particular circumstances. In addition, such extension shall be granted only if the proposed subdivision fully conforms to the zoning regulations in effect at the time such extension is applied for. A failure to complete the conditions of preliminary subdivision approval within the required time period(s) shall result in the approval becoming null and void.

L. Fees. All application fees are in addition to any required review fees that may be required by the Planning Board pursuant to Chapter 55 of the Town Code.[6] The Planning Board may, in the event an applicant fails to maintain sufficient monies in any review fee account established for the review of a project, halt the review of the application until such time as the review fee account has been replenished to the satisfaction of the Planning Board. Where the review of a project has been halted due to the applicant's failure to maintain sufficient monies in a review fee account, any mandatory time period(s) for action by the Planning Board shall be tolled until the review fee account has been replenished. Prior to suspending review of an application for failure to maintain sufficient monies in the review fee account, the Planning Board shall provide written notice to the applicant setting forth the amount of the deficiency and the amount of monies that must be deposited with the Planning Board in order to avoid a suspension of the review and processing of the application.

[6] Editor's Note: See Ch. 55, Engineering, Legal and Consulting Fees.

§ 66A-13 Procedure for final approval of major subdivision plat for which conditional preliminary approval has been granted.

A. Purpose. The proposed final plat, together with drawings and documents, shall constitute the complete development of the subdivision proposal, shall include the conditions of the Planning Board's preliminary subdivision approval, and shall include the detailed layout drawings for any public improvements and utilities. The final plat shall be in conformity with the approved preliminary plat. After approval by the Planning Board of this submission, the approved performance security and the general liability insurance policy as approved by the Town Board shall become the basis for the construction of the subdivision and the inspection services by the Planning Board Engineer, the Planning Board Planner, the Planning Board Environmental Consultant or other designated Town officer or representative. The plat itself must be recorded with the Putnam County Clerk to have legal status, and an unrecorded plat shall not be a valid basis for the sale, lease or rental of lots, nor the construction of site improvements, or for site improvements or other commitments. The plat shall be an accurate survey record of the properties resulting from the subdivision and shall bear the seal and signature of the licensed land surveyor responsible for its preparation.

B. Application for approval and fee. Unless extended by the Planning Board, the applicant shall, within 18 months of the date of Planning Board approval of the preliminary, file with the Planning Board an application for approval of all or part of the subdivision plat in final form. The applicant shall submit the proposed final plat along with the data as specified in § 66A-19 of this chapter. The application shall be accompanied by an application fee in an amount set by the Town Board for such application.[1] Additionally, engineering, legal and consulting review fees as set forth in Chapter 55 of the Town Code may also apply.[2]

[1] Editor's Note: See Ch. 36, Fees.

[2] Editor's Note: See Ch. 55, Engineering, Legal and Consulting Fees.

C. When officially received. An application submitted under this section shall be deemed received at the next regular meeting of the Planning Board at which the application is to be considered.

D. Applicant to attend Planning Board meeting. The applicant or his duly authorized representative shall attend meeting(s) of the Planning Board at which the application is considered to discuss the final plat.

E. Final plats in substantial agreement with approved preliminary plat. When a final plat is submitted that the Planning Board deems to be in substantial agreement with a preliminary plat approved pursuant to this chapter, the Planning Board may waive a public hearing on the final plat, or it may convene a public hearing on such final plat.

(1) If a public hearing is waived, the Planning Board shall by resolution conditionally approve, with or without modification, or disapprove the final plat within 62 days after receipt of a complete final plat.

(2) If a public hearing is held, it shall be opened within 62 days after receipt of a complete final plat and said public hearing shall be closed within 120 days of the date it was opened. The Planning Board shall by resolution conditionally approve, with or without modification, or disapprove the final plat within 62 days after the date of the public hearing.

(3) Grounds for decision. The grounds for the Planning Board's decision shall be stated upon the records of the Planning Board. When approving a final plat, the Planning Board shall state in writing any conditions or modifications it deems necessary for the Chairman's signature.

F. Final plats not in substantial agreement with approved preliminary plat. When a final plat is submitted that the Planning Board deems not to be in substantial agreement with a preliminary plat approved pursuant to this section, the following procedures to coordinate the Board's review of the application with the State Environmental Quality Review Act procedures shall apply:

(1) Planning Board as lead agency.

(a) Public hearing on final plat. The time within which the Planning Board shall hold a public hearing on such final plat shall be coordinated with any hearings the Planning Board may schedule pursuant to the State Environmental Quality Review Act,[3] as follows:

[1] If the Planning Board determines that the preparation of an environmental impact statement is not required, the public hearing on a final plat not in substantial agreement with a preliminary plat shall be held within 62 days after the receipt of a complete final plat; the hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened; or

[2] If the Planning Board determines that an environmental impact statement is required, and a public hearing on the draft environmental impact statement is held, the public hearing on the final plat and the draft environmental impact statement shall be held jointly within 62 days after the filing of the notice of completion of such draft environmental impact statement in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the public hearing on the final plat shall be held within 62 days following filing of the notice of completion. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.

[3] Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

(b) Decision. The Planning Board shall make its decision on the final plat as follows:

[1] If the Planning Board determines that the preparation of an environmental impact statement on the final plat is not required, 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 after the close of 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; or

[2] If the Planning Board determines that an environmental impact statement is required, and a public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of such public hearing in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of the public hearing on the final plat. Within 30 days of the filing of the final environmental impact statement, the Planning Board shall issue findings on such final environmental impact statement and shall by resolution conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of such plat.

(c) Grounds for decision. The grounds for the Planning Board's decision shall be stated upon the records of the Planning Board. When approving a final plat, the Planning Board shall state in writing any conditions or modifications it deems necessary for the Chairman's signature.

(2) Planning Board not as lead agency.

(a) Public hearing on final plat. The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the final plat jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement, the Planning Board shall hold the public hearing on the final plat within 62 days after the receipt of a complete final plat by the Planning Department. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.

(b) Decision. The Planning Board shall by resolution conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of such plat as follows:

[1] If the preparation of an environmental impact statement on the final plat is not required, the Planning Board shall make its decision within 62 days after the close of the public hearing on the final plat.

[2] If an environmental impact statement is required, the Planning Board shall make its own findings and its decision on the final plat within 62 days after the close of the public hearing on such final plat or within 30 days of the adoption of findings by the lead agency, whichever period is longer.

(c) Grounds for decision. The grounds for the Planning Board's decision shall be stated upon the records of the Planning Board. When approving a final plat, the Planning Board shall state in writing any conditions or modifications it deems necessary for the Chairman's signature.

G. Filing of notice of action. Written notice of the action of the Planning Board, plus any conditions attached thereto, shall be provided to the applicant, and a copy of such notice shall be filed with the Town Clerk within five days of the Board's decision.

H. Approval of plat in sections. 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 such requirements as it deems necessary to insure the orderly development of the plat shall be completed before said sections may be signed by the Chairman. Any section shall encompass at least 10% of the total number of lots shown on the plat. No plat which is an extension, section or portion of any previously submitted plat shall be approved until and unless all conditions necessary for approval of such previously submitted plat have been satisfied and final approval shall have been granted in accordance with these regulations.

I. Expiration of final plat approval. Planning Board approval of the final plat shall expire one year from the date of adoption of the resolution granting such approval unless prior to such expiration the applicant has met all of the conditions of final approval and has submitted a final plat map for the signature of the Chairman and a certification that all said conditions have been completed. The Planning Board may extend by not more than two additional periods of three months each the time in which a conditionally approved plat must be submitted for signature if, in the Board's opinion, such extension is warranted by the particular circumstances.

J. Filing of final plat; expiration of approval. The applicant shall file the approved final plat, or a section of such plat, in the office of the Putnam County Clerk within 62 days from the date of the Chairman's signature or such approval shall expire. In the event the applicant shall file only a section of such approved plat with the Putnam County Clerk, the entire approved plat shall be filed with the Town Clerk within 30 days of the filing with the Putnam County Clerk. Such section shall encompass at least 10% of the total number of lots contained in the approved plat and the approval of the remaining sections of the approved plat shall expire unless said sections are filed with the Putnam County Clerk within three years of the date of filing of the first section.

K. Endorsement of the Chairman. Upon Planning Board approval of the final plat, the applicant shall carry out the following steps prior to obtaining the Chairman's signature of approval:

(1) Provide proof of compliance with Department of Health standards and approval by the Department of the plan for water supply and sewage disposal.

(2) Provide proof of compliance with all other required local, state and federal agency permits and approvals, including but not limited to stream disturbance; wetland and wetland buffer disturbance; highway work; curb cuts; stormwater connections; State Pollutant Discharge Elimination System (SPDES) permit discharges; dams and impoundments, etc.

(3) Make all required corrections or changes to the final plat map as outlined in the resolution of the Planning Board approving said plat and provide three copies of the corrected final plat to the Planning Department for final review and approval by the Department, the Planning Board Engineer, the Planning Board Planner, the Planning Board Environmental Consultant and other designated Town officials for compliance with the resolution of the Planning Board.

(4) Complete all applicable conditions of final approval as set forth in the resolution of the Planning Board.

(5) In accordance with the procedures in § 66A-32 of this chapter, the applicant shall obtain a performance security in an amount approved by the Planning Board, the Planning Board Engineer or the Superintendent of Highways for the improvements and a general liability insurance policy. Any required performance security and general liability policy shall be approved as to form by the Town Attorney or the Planning Board Attorney, as the case may be, and shall be accepted by the Town Board as a condition of any approval.

(6) The Planning Board shall notify the applicant that the major subdivision plat is acceptable for signature, at which time the applicant shall provide one Mylar and three paper copies of the major subdivision plat for the endorsement of the Chairman. After the Chairman has signed the Mylar of the plat, the Secretary shall immediately notify the applicant of the availability of the final plat map. The applicant is solely responsible for filing of the final plat with the Putnam County Clerk. Application review fees, recreation fees in lieu of parkland, and inspection fees, if applicable, are due and payable prior to the time the Chairman endorses the final plat map. In addition, any required performance security shall be established and accepted by the Town Board prior to the time of the Chairman's signature.

L. Filed plat map. Within seven days of the date the final plat is filed with the Putnam County Clerk, the applicant shall submit three copies of the final plat showing the endorsement of the Putnam County Clerk to the Planning Department.

M. Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made to any subdivision plat after endorsement of said plat by the Chairman of the Planning Board. 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 Planning Board shall institute proceedings to have the plat stricken from the records of the Putnam County Clerk.

N. Fees. All application fees are in addition to any required review fees that may be required by the Planning Board pursuant to Chapter 55 of the Town Code.[4] The Planning Board may, in the event an applicant fails to maintain sufficient monies in any review fee account established for the review of a project, halt the review of the application until such time as the review fee account has been replenished to the satisfaction of the Planning Board. Where the review of a project has been halted due to the applicant's failure to maintain sufficient monies in a review fee account, any mandatory time period(s) for action by the Planning Board shall be tolled until the review fee account has been replenished. Prior to suspending review of an application for failure to maintain sufficient monies in the review fee account, the Planning Board shall provide written notice to the applicant setting forth the amount of the deficiency and the amount of monies that must be deposited with the Planning Board in order to avoid a suspension of the review and processing of the application.

[4] Editor's Note: See Ch. 55, Engineering, Legal and Consulting Fees.

§ 66A-14 (Reserved)

§ 66A-15 Enforcement; penalties for offenses.

A. Enforcement of approved minor and major plats. For any minor and major subdivision, the applicant, the landowner and the contractor shall all be responsible for the successful implementation and completion of an approved subdivision, resubdivision or revised lot line plat, including but not limited to:

(1) Installation and maintenance of erosion control measures and/or a stormwater pollution prevention plan (SWPPP) as depicted on the approved plat;

(2) Protection and preservation of nondisturbance areas, whether temporary or permanent, as depicted on the approved plat;

(3) Reclamation of disturbed areas as depicted on the approved plat;

(4) Installation and completion of site improvements in the location(s) and in the manner as depicted on the approved plat unless approved as a "field change" amendment by the Superintendent, the Planning Board Engineer, the Planning Board Planner, the Planning Board Environmental Consultant or the Planning Board, as the case may be;

(5) Implementation and completion of environmental mitigation measures as required under any negative declaration or findings statement adopted for the project pursuant to Article 8 of the Environmental Quality Review Act (SEQRA), whether such mitigation measures are depicted on the approved plat or not; and

(6) Implementation and completion of any other permits and approvals issued by any other agency.

B. Responsible parties. The applicant, the landowner and the contractor shall be jointly and severally liable for all costs incurred, including environmental restoration costs, resulting from noncompliance with the approved subdivision plat. Approval of the subdivision plat and/or commencement of any work related to the approved plat shall constitute express permission by the applicant and the landowner for the Code Enforcement Officer or the Building Inspector, or their designee, to enter the property for the purposes of inspection for compliance with the approved subdivision plat, whether or not any other permits have been applied for or issued for the project.

C. Violations. Any deviation from the approved subdivision plat, unless prior approved as a "field change" amendment by the Superintendent, the Planning Board, the Planning Board Engineer, the Planning Board Planner or the Planning Board Environmental Consultant, shall be deemed a violation and may be restrained by an order to stop work, and/or injunction, to cease, abate or cure the condition in any other manner provided by law. The Code Enforcement Officer or the Building Inspector may issue a stop-work order for the entire construction and site work/disturbance project, or any specified portion thereof, if the Code Enforcement Officer or the Building Inspector determines that any of the following conditions, which shall constitute a violation, exist:

(1) The erosion control measures and/or a SWPPP as depicted on the approved plat are not, or have not, been implemented or are not being properly maintained;

(2) Nondisturbance and protected buffer areas as depicted on the approved plat are not, or have not, been adequately protected and preserved;

(3) Disturbed areas are not, or have not, been reclaimed as depicted on the approved plat;

(4) Site improvements are not, or have not, been installed in the location(s) and in the manner as depicted on the approved subdivision plat and no approval for a "field change" amendment has been issued;

(5) Environmental mitigation measures required for the project pursuant to Article 8 of the Environmental Quality Review Act (SEQRA) are not, or have not, been implemented; and

(6) Other required permits or approvals from any other agency have not been issued or obtained by the applicant, the landowner or the contractor.

D. Notice of violation.

(1) For purposes of this section, an order to stop work or an order to cure a violation is validly issued by posting a copy of the order on the site of the construction or site work/disturbance activity in reasonable proximity to said construction or site work/disturbance, and in a location where the posted order is visible. Additionally, a copy of the order, in the case of work for which a permit has been issued, shall be mailed by first class mail, certified return receipt, and one copy of the order shall be mailed by regular first class mail, to the address listed by the applicant and to the landowner of record as the case may be. In the case of work for which no permit has been issued, a copy of the order shall be mailed by first class mail, certified return receipt, and one copy of the order shall be mailed by regular first class mail, to the person listed as owner of the property according to the latest roll maintained by the Town Assessor's office.

(2) If the applicant and/or the landowner does not immediately cease the activity and comply with the provisions of this chapter within one day of the date of the order, the Code Enforcement Officer or the Building Inspector may request that the Town Board authorize the Town Attorney to seek injunctive relief. In addition, the Building Inspector may revoke all or any portion of any other permits issued in accordance with the Town Code, including building permits, affecting the property. Upon a showing of compliance with the terms of this chapter and proper implementation of the approved subdivision plat, the Code Enforcement Officer or the Building Inspector may reinstate any permit(s) that may have been revoked. The applicant and/or the landowner shall be responsible for the actual cost of any of the Town's attorney fees incurred as a result of any enforcement action.

E. Site maintenance. The premises for which a subdivision plat has been approved shall, at all times, be maintained in accordance with the approved subdivision plat. Failure to keep the premises in a condition that is consistent with the approved subdivision plat may result in a revocation of any building permit and/or any certificate of occupancy for the premises. Development projects may periodically be inspected for conformance with the approved subdivision plat, including maintenance of the landscaping and plantings required as part of the subdivision plat approval. If there is nonconformance to the approved subdivision plat, or if any of the conditions of subdivision plat approval are not fulfilled, no building permit or certificate of occupancy shall be issued. Where a development project reverts to nonconformance with the approved subdivision plat after issuance of the building permit or certificate of occupancy, the nonconformance shall be deemed a violation of this chapter.

F. Penalties.

(1) A violation of this chapter is hereby declared to be an offense, punishable by a fine not to exceed $500 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of two years, punishable by a fine not less than $1,000 nor more than $2,000 or imprisonment for a period not to exceed 15 days, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of three years, punishable by a fine not less than $5,000 nor more than $7,000 or imprisonment for a period not to exceed 15 days, or both. For the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this article or of such local law, ordinance or regulation shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each day of continued violation shall constitute a separate violation.

(2) In addition to any other remedies set forth herein authorizing the Town to enforce the provisions of this chapter, establishing penalties and setting forth additional remedies, the person charged with the responsibility to enforce the provisions of this chapter may impose a civil fine or agree to a civil fine not to exceed $1,000 per day for each day of the violation. If said civil fine is imposed, then the alleged violator may appeal to the Town Board.

G. No remedy or penalty specified in this chapter shall be the exclusive remedy available to the Town to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section or in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with or after the pursuit of any other remedy or penalty specified in this section, in any other section of this chapter, or in any other applicable law.