Whenever any subdivision of land is proposed to be made, and
before any contract for the sale of or any offer to sell any lots
in such subdivision or any part thereof is made, and before any permit
for the erection of a structure in such proposed subdivision shall
be granted, the subdivider or his duly authorized agent shall apply
in writing for approval of such proposed subdivision in accordance
with the following procedures.
A.
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Planning Board at least 15 days prior to the regular meeting of the Board seven copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article IV, for the purposes of classification and preliminary discussion. The Planning Board may also require the subdivider to submit such additional copies of the sketch plan and any other documents as may be reasonably necessary for the Planning Board to review the subdivision.
B.
Discussion of requirements and classifications.
(1)
The subdivider, or his duly authorized representative, shall attend
the meeting of the Planning Board to discuss the requirements of this
chapter for street improvements, drainage, sewerage, water supply,
fire protection, and similar aspects, as well as the availability
of existing services and other pertinent information.
(2)
Classification of the sketch plan is to be made at this time by the
Planning Board as to whether it is an exempt, minor or major subdivision
as defined in this chapter. The Board may require, however, when it
deems necessary for protection of the public health, safety and welfare,
that any subdivision comply with all or some of the requirements specified
for major subdivisions. The Board may require, when it deems necessary
for the protection of the public health, safety and welfare, that
an otherwise exempt subdivision be deemed a minor subdivision as necessary
for the protection of the public health, safety and welfare. If the
sketch plan is classified as a minor subdivision, the subdivider shall
then comply with the procedures outlined in this chapter. If it is
classified as a major subdivision, the subdivider shall then comply
with the procedures outlined in this chapter.
C.
Study of sketch plan. The Planning Board shall determine whether
the sketch plan meets the purposes of this chapter and shall, where
it deems necessary, make specific recommendations, in writing, to
be incorporated by the applicant in the next submission to the Planning
Board.
A.
Application and fee. Within six months after classification of the
sketch plan as a minor subdivision by the Planning Board, the subdivider
shall submit an application for approval of a subdivision plat. Failure
to do so shall require resubmission of the sketch plan to the Planning
Board for reclassification. The plat shall conform to the layout shown
on the sketch plan plus any recommendations made by the Planning Board.
Said application shall conform to the requirements listed in this
chapter.
(2)
If the Planning Board finds that, due to the technical or legal aspects
of an application, it will require input from an engineer, attorney,
or other expert to assist it in the review of the application, the
Planning Board may require that the applicant pay for the costs of
such experts, the amount of which shall not exceed $3,500 without
the prior notice to the applicant. Nothing contained herein shall
be construed to be an estimate of the overall costs of such expert's
services, and the applicant shall be responsible for the payment of
the actual costs thereof. The Planning Board may require that, prior
to the Planning Board's review of the application, the applicant deposit
a sum reasonably necessary to cover the costs of such experts' review
and comment, based on written or oral quotes from such experts, in
advance of the review and comment to be provided by such experts.
B.
Number of copies. Ten copies of the subdivision plat shall be presented
to the Secretary of the Planning Board at least 15 days prior to a
scheduled monthly meeting of the Planning Board. The Planning Board
may also require the subdivider to submit such additional copies of
the subdivision plat and any other documents as may be necessary for
the Planning Board to review the subdivision.
C.
Subdivider to attend Planning Board meeting. The subdivider, or his
duly authorized representative, shall attend the meeting of the Planning
Board to discuss the subdivision plat.
D.
When officially submitted. The time of submission of the subdivision
plat shall be considered to be the date of the regular monthly meeting
of the Planning Board at least 15 days prior to which the application
for plat approval, complete and accompanied by the required fee and
all data required by this chapter has been filed with the Secretary
of the Planning Board.[2]
A.
Application and fee. Prior to the filing of an application for the
approval of a major subdivision plat, the subdivider shall file an
application for the consideration of a preliminary plat of the proposed
subdivision in the form described in this chapter. The preliminary
plat shall, in all respects, comply with the requirements set forth
in the provisions of §§ 276 and 277 of the Town Law,
and this chapter, except where a waiver may be specifically authorized
by the Planning Board.
(2)
If the Planning Board finds that, due to the technical or legal aspects
of an application, it will require input from an engineer, attorney
or other expert to assist it in the review of the application, the
Planning Board may require that the applicant pay for the costs of
such experts; the amount of which shall not exceed $3,500 without
the prior notice to the applicant. Nothing contained herein shall
be construed to be an estimate of the overall costs of such experts'
services, and the applicant shall be responsible for the payment of
the actual costs thereof. The Planning Board may require that, prior
to the Planning Board's review of the application, the applicant deposit
a sum reasonably necessary to cover the costs of such experts' review
and comment, based on written or oral quotes from such experts, in
advance of the review and comment to be provided by such experts.
B.
Number of copies. Ten copies of the preliminary plat shall be presented
to the Secretary of the Planning Board at least 15 days prior to a
scheduled monthly meeting of the Planning Board. The Planning Board
may also require the subdivider to submit such additional copies of
the preliminary plat and any other documents as may be reasonably
necessary for the Planning Board to review the subdivision.
C.
Subdivider to attend Planning Board meeting. The subdivider, or his
duly authorized representative, shall attend the meeting of the Planning
Board to discuss the preliminary plat.
D.
Study of preliminary plat. The Planning Board shall study the practicability
of the preliminary plat, taking into consideration the requirements
of the community and the best use of the land being subdivided. Particular
attention shall be given to the arrangement, location and width of
streets, their relation to the topography of the land, water supply,
sewage disposal, drainage, lot sizes and arrangements, the future
development of adjoining land as yet unsubdivided, and the requirements
of the Master Plan, the Official Map, and Zoning Regulations, if such
exist.
E.
When officially submitted. The time of submission of the preliminary
plat shall be considered to be the date of the regular monthly meeting
of the Planning Board at least 10 days prior to which the application
for conditional approval of the preliminary plat, complete and accompanied
by the required fee and all data required by this chapter, has been
filed with the Secretary of the Planning Board.
F.
Public hearing. A public hearing shall be held by the Planning Board
within 62 days from the time of submission of the preliminary subdivision
plat for approval. Said hearing shall be advertised in a newspaper
of general circulation in the Town at least five days before such
hearing.[2]
G.
Conditional approval of the preliminary plat.
(1)
Within 62 days from the close of the hearing on the preliminary plat,
the Planning Board shall take action to conditionally approve, with
or without modification, or disapprove such preliminary plat, and
the grounds of any modification required or the grounds for disapproval
shall be stated upon the records of the Planning Board. Failure of
the Planning Board to act within such sixty-two-day period shall constitute
a conditional approval of the preliminary plat.[3]
(2)
When granting conditional approval to a preliminary plat, the Planning
Board shall state the conditions of such approval, if any, with respect
to: a) the specific changes which it will require in the preliminary
plat; b) the character and extent of the required improvements for
which waivers may have been requested and which in its opinion may
be waived without jeopardy to the public health, safety, morals and
general welfare; c) the amount of improvement or the amount of all
bonds therefor which it will require as a prerequisite to the approval
of the subdivision plat. The action of the Planning Board plus any
conditions attached thereto shall be noted on three copies of the
preliminary plat. One copy shall be returned to the subdivider, one
retained by the Planning Board and one forwarded to the Town Board.
Conditional approval of a preliminary plat shall not constitute approval
of the subdivision plat, but rather it shall be deemed an expression
of approval of the design submitted on the preliminary plat as a guide
to the preparation of the plat which will be submitted for approval
of the Planning Board and for recording upon fulfillment of the requirements
of this chapter and the conditions of the conditional approval, if
any. Prior to approval of the subdivision plat, the Planning Board
may require additional changes as a result of further study of the
subdivision in final form or as a result of new information obtained
at the public hearing.
A.
Application for approval.
(1)
The subdivider shall, within six months after the conditional approval
of the preliminary plat, file with the Planning Board an application
for approval of the subdivision plat in final form, using the approved
application blank available from the Secretary of the Planning Board.
All applications for plat approval for major subdivisions shall be
accompanied by a fee in an amount set from time to time by the Town
Board. If the final plat is not submitted within six months after
the conditional approval of the preliminary plat, the Planning Board
may refuse to approve the final plat and require resubmission of the
preliminary plat.[1]
(2)
If the Planning Board finds that, due to the technical or legal aspects
of an application, it will require input from an engineer, attorney
or other expert to assist it in the review of the application, the
Planning Board may require that the applicant pay for the costs of
such experts, the amount of which shall not exceed $3,500 without
the prior notice to the applicant. Nothing contained herein shall
be construed to be an estimate of the overall costs of such experts'
services, and the applicant shall be responsible for the payment of
the actual costs thereof. The Planning Board may require that, prior
to the Planning Board's review of the application, the applicant deposit
a sum reasonably necessary to cover the costs of such experts' review
and comment, based on written or oral quotes from such experts, in
advance of the review and comment to be provided by such experts.
B.
Number of copies. A subdivider intending to submit a proposed subdivision
plat for the final approval of the Planning Board shall provide the
Secretary of the Planning Board with 10 copies of the application,
one original Mylar of the subdivision plat, and 10 paper copies of
the subdivision plat, together with one original and one true copy
of all offers of cession, covenants and agreements and 10 copies of
same, and 10 copies of all construction drawings, all of which must
be submitted at least 15 days in advance of the regular monthly Planning
Board meeting at which it is to be officially submitted. The Planning
Board may also require the subdivider to submit such additional copies
of the subdivision plat and any other documents as may be reasonably
necessary for the Planning Board to review the subdivision.
C.
When officially submitted. The time of submission of the subdivision
plat shall be considered to be the date of the regular monthly meeting
of the Planning Board at least 10 days prior to which the application
for approval of the subdivision plat, complete and accompanied by
the required fee and all data required by this chapter, has been filed
with the Secretary of the Planning Board. In addition, if the applicant
elects to construct any or all required improvements, the Town Engineer
must file a certificate with the Planning Board stating that these
improvements have been satisfactorily installed before the subdivision
plat shall be considered officially submitted.
D.
Endorsement of state and county agencies. Water and sewer facility
proposals contained in the subdivision plat shall be properly endorsed
and approved by the New York State Department of Health District Sanitary
Engineer. Applications for approval of plans for sewer or water facilities
will be filed by the subdivider with all necessary Town, county and
state agencies. Endorsement and approval by the New York State Department
of Health District Sanitary Engineer shall be secured by the subdivider
before official submission of the subdivision plat.
E.
Public hearing. A public hearing shall be held by the Planning Board
within 62 days after the time of submission of the subdivision final
plat for approval. This hearing shall be advertised in a newspaper
of general circulation in the Town at least five days before such
hearing. However, where the Planning Board deems the final plat to
be in substantial compliance with the preliminary plat previously
approved under this article, the Planning Board may waive the public
hearing on the final plat.[2]
F.
Action on proposed subdivision plat. The Planning Board shall, within
62 days from the date of the public hearing on the subdivision plat,
or within 62 days of the submittal of the application for the final
plat approval where such hearing has been waived, approve, modify
and approve, or disapprove the subdivision plat. However, the subdivision
plat shall not be signed by the authorized officers of the Planning
Board for recording until the subdivider has complied with the regulations.[3]
A.
Improvements and performance bond. Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1) or (2) below:
(1)
In an amount set by the Planning Board, the subdivider shall either
file with the Town Clerk a certified check to cover the full cost
of the required improvements or the subdivider shall file with the
Town Clerk a performance bond to cover the full cost of the required
improvements. Any such bond shall comply with the requirements of
§ 277 of the Town Law and shall be satisfactory to the Town
Board and Town Engineer as to form, sufficiency, manner of execution
and surety. A period of one year (or such other period as the Planning
Board may determine appropriate, not to exceed three years) shall
be set forth in the bond, within which required improvements must
be completed.
(2)
The subdivider shall complete all required improvements to the satisfaction
of the Town Engineer, who shall file with the Planning Board a letter
signifying the satisfactory completion of all improvements required
by the Board. For any required improvements not so completed, the
subdivider shall file with the Town Clerk a bond or certified check
covering the costs of such improvements not approved by the Town Engineer.
Any such bond shall be satisfactory to the Town Board and Town Engineer
as to form, sufficiency, manner of execution, and surety.
B.
Modification of design of improvements. If at any time before or
during the construction of the required improvements it is demonstrated
to the satisfaction of the Town Engineer that unforeseen conditions
make it necessary or preferable to modify the location or design of
such required improvements, the Town Engineer may, upon approval by
a previously delegated member of the Planning Board, authorize modifications,
provided these modifications are within the spirit and intent of the
Planning Board's approval and do not extend to the waiver or substantial
alteration of the function of any improvements required by the Board.
The Town Engineer shall issue any authorization under this section
in writing and shall transmit a copy of such authorization to the
Planning Board at its next regular meeting.
C.
Inspection of improvements. At least five days prior to commencing
construction of required improvements the subdivider 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 he proposes to commence
construction of such improvements so that the Town Board may cause
inspection 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 and utilities
required by the Planning Board.
D.
Proper installation of improvements. If the Town Engineer shall find,
upon inspection of the improvements performed before the expiration
date of the performance bond, that any of the required improvements
have not been constructed in accordance with plans and specifications
filed by the subdivider, he shall so report to the Town Board, Building
Inspector, and Planning Board. The Town Board then shall notify the
subdivider and, if necessary, the bonding company and take all necessary
steps to preserve the Town's rights under the bond. No plat shall
be approved by the Planning Board as long as the subdivider is in
default on a previously approved plat.
A.
Final approval and filing. Upon completion of the requirements in §§ 120-18 and 120-19 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 appropriate officer of the Planning Board (Chairman or Acting Chairman) and may be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed or recorded within 90 days of the date upon which such plat is approved or considered approved by reasons of the failure of the Planning Board to act shall become null and void, unless the particular circumstances of said applicant warrant the Planning Board to grant an extension, which shall not exceed two additional ninety-day periods.
[Amended 7-8-2014 by L.L.
No. 1-2014; 2-9-2021 by L.L. No. 1-2021]
B.
Plat void if revised after approval. No changes, erasures, modifications
or revisions shall be made in any subdivision plat after approval
has been given by the Planning Board and endorsed in writing on the
plat, unless the said plat is first resubmitted to the Planning Board
and such Board approves any modifications. 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.
A.
Public acceptance of streets. 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 street, easement or other open
space shown on such subdivision plat.
B.
Ownership and maintenance of recreation areas. When a 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 deed and title, dedication and provision for
the cost of grading, development, equipment and maintenance of any
such recreation area.
