Town of North Castle, NY Article II Application Procedure

§ 275-12 General procedure.

[Amended 7-28-1988]

A. Whenever any subdivision or resubdivision of land is proposed, before any contract for sale or lease, or any offer to sell or lease such subdivision or part thereof is made, and before any building permit for the erection of a structure in such proposed subdivision shall be granted, the subdividing owner, or his or her authorized agent or contract vendee, shall apply for and secure approval of the proposed subdivision in accordance with the following procedure, which includes basically three steps:

(1) Sketch plat conference and review.

(2) Preliminary plat review.

(3) Final plat review.

B. If prior to any negotiation for sale or lease of land or the submission of a sketch or preliminary subdivision plat to the Board an applicant or his or her representative presents an informal subdivision for discussion to the Board, it shall be accompanied by a discussion fee as set forth in the Master Fee Schedule.[1]

[Amended 11-18-2015 by L.L. No. 9-2015]

[1] Editor's Note: See Ch. A370, Master Fee Schedule.

C. The construction of new roads and common driveways should not be started, nor should any activities, except those directly related to obtaining any required approvals, be undertaken that would disturb, remove or relocate any existing features, including but not limited to stone walls, trees, steep slopes, rock outcroppings or controlled areas as defined in the Town's Wetlands and Drainage Law.[2]

[2] Editor's Note: See Ch. 340, Wetlands and Watercourse Protection.

D. For a resubdivision, as defined in § 276 of the Town Law, the same procedure, rules and regulations shall apply as for a subdivision.

§ 275-13 Land exchanges or transfers.

[Amended 7-28-1988]

Where an applicant proposes a subdivision representing an exchange or transfer of land with an adjoining property, the Planning Board may waive the public hearing on such proposal where the following conditions are met:

A. The area of the proposed land exchange or transfer does not exceed 10% of the minimum required lot area of the zoning district in which the affected lands are located.

B. No additional lots will be created.

C. Such exchange or transfer of lands does not preclude the proper future development or resubdivision of the affected properties.

D. Such exchange or transfer of lands shall not create any nonconformity with the terms and regulations of Chapter 355, Zoning, of the Town Code.

E. The applicant(s) has prepared and submitted a final plat in accordance with § 275-16 herein for the signature of the Planning Board Chairman.

F. The applicant(s) has paid a fee in such amount as set forth in the Master Fee Schedule.[1]

[Amended 8-14-2013 by L.L. No. 7-2013]

[1] Editor's Note: See Ch. A370, Master Fee Schedule.

§ 275-14 Sketch plat conference and review.

[Amended 7-28-1988; 5-23-2012 by L.L. No. 2-2012; 11-18-2015 by L.L. No. 9-2015]

A sketch plan review is recommended prior to submission of a formal application for subdivision approval. The sketch plan review is intended to reduce the review time for Planning Board consideration of proposed subdivisions by allowing early review of the plan by the Planning Board. Upon the request for sketch plan review, the Planning Board shall notify the applicant of the place, date, and time of the meeting at which the sketch plan is to be considered. The applicant or the applicant's representatives shall be present at the meeting to discuss the application. The sketch plan review shall be limited to a review of the basic concept of the proposal with respect to the minimum area, yard and bulk requirements of the district in which the property is located, and to identify problems with meeting the requirements of this chapter which might occur during formal Planning Board consideration. The sketch plan review and consultation shall be nonbinding. After the sketch plan review, nothing herein shall be construed to prevent an applicant from submitting a formal application for subdivision approval to the Planning Board. 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.

A. All applicants wishing to be placed on the Planning Board agenda for sketch plan review shall contact the Planning Board with the request. Requests are placed on the agenda in the order they are received.

B. Documentation. Maps showing the property boundaries, general topographic information, approximate location of wetlands and the proposed lot arrangement and locations of new streets must be submitted but need not be in final form. All surveys must bear the signature and seal of a licensed professional engineer or land surveyor. An environmental assessment form must be brought to the same conferences to be reviewed by the Planning Board.

C. Town Engineer, Planning Consultant and Highway General Foreman. Prior to formally submitting the application for preliminary subdivision approval, the applicant, or his or her duly authorized representative, should contact the Highway General Foreman, the Town Engineer and/or the Town Planning Consultant to discuss the proposed subdivision layout and its potential environmental impacts.

D. Health Department. The sketch plat should also be discussed with the Westchester County Health Department, which must eventually approve any final subdivision plat. Particular attention should be paid to the area, grade and type of soil of proposed building sites, and the proper amount of land area for on-site water supply and sewage disposal facilities.

E. Soil and Water Conservation District. The Planning Board may also refer a sketch plat to the Westchester County Soil and Water Conservation District for its review and comments regarding soil types, stormwater drainage, resource conservation and suggested erosion control practices.

F. Conservation Board. Where parcels are 10 acres in area or greater or where such parcels are designated on the Town's Open Space Inventory Map, or where activities are shown occurring in or adjacent to any controlled areas as defined in Chapter 340, Wetlands and Watercourse Protection, the Planning Board may refer a sketch plat to the Conservation Board for its review and comment.

G. Architectural Review Board. The Planning Board may refer a proposed subdivision to the Architectural Review Board, which shall, within the powers of its mandate, review such subdivision to identify scenic views, important natural features, significant land forms, potential for solar energy exposures and potential building sites.

H. Planning Board. Prior to formally submitting the application for preliminary plat approval to the Planning Board, the applicant, or his or her duly authorized representative, shall meet with the Planning Board to discuss the proposed subdivision layout and its potential adverse environmental impacts, if any.

I. Field trip. After the initial conference, the Planning Board may schedule a field trip to the proposed subdivision site. Prior to this field trip, the Planning Board may require that the center line of any proposed road, common driveways and specific lot locations be staked. At the request of the Planning Board, the applicant, or his or her duly authorized representative, shall attend the field trip.

J. Planning Board recommendations. The Planning Board shall advise the applicant, or his or her duly authorized representative, of the additions and modifications, if any, which should be made if an application for preliminary subdivision approval is to be submitted.

§ 275-15 Preliminary plat.

[Amended 7-28-1988; 7-18-1996; 11-15-2006 by L.L. No. 20-2006; 2-25-2015 by L.L. No. 2-2015; 11-18-2015 by L.L. No. 9-2015; 11-13-2024 by L.L. No. 7-2024]

A. Application and fee. Prior to the filing of an application for the approval of a final plat for a subdivision, the applicant shall submit an application for approval of a preliminary subdivision plat. All applications for preliminary subdivision approval shall be in writing and on forms and in such quantity as may be prescribed by the Planning Board, together with a fee as set forth in the Master Fee Schedule.[1] The preliminary plat shall in all respects comply with the requirements set forth in this chapter and the provisions of §§ 276 and 277 of the Town Law, except where a waiver of such requirements may be specifically authorized by the Planning Board. Said application shall also conform to the requirements listed in § 275-30.

[1] Editor's Note: See Ch. A370, Master Fee Schedule.

B. Purpose. The preliminary layout, the application, and all supporting documents for a proposed subdivision constitute the material to be officially submitted to the Planning Board. On the basis of the general design of the subdivision and any proposed or required public improvements, the Planning Board will indicate its approval or disapproval of the preliminary plat prior to the time that the final plat, including the design and detailing of the improvements and utilities, is completed. 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 County Clerk, or the construction of site improvements, or for other commitments which depend upon detailed design characteristics.

C. Receipt. 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. An application shall be placed on the Planning Board agenda only upon payment of the application fee as set by the Master Fee Schedule,[2] along with an environmental assessment form and the number of copies of the plat map as specified by the Planning Board.

[2] Editor's Note: See Ch. A370, Master Fee Schedule.

D. 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.

E. Study of preliminary plat. The Planning Board shall study the proposed preliminary plat, taking into consideration the goals and policies of the Town Comprehensive Plan for the district in which the parcel is located, the needs of the community, the requirements of Chapter 355, Zoning, and this chapter, 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, vehicular and pedestrian access, preservation of natural resources, relationship to improvements on adjacent and neighboring land, drainage, lot sizes and arrangement, and the future development of adjoining lands as yet unsubdivided, including those lands depicted on the Official Map.

F. 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.

G. Compliance with the State Environmental Quality Review Act. 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 plat application shall begin upon filing of such negative declaration or such notice of completion.

H. Public hearing.

(1) If the Planning Board is lead agency, the time within which the Planning Board shall hold a public hearing on the preliminary plat shall be coordinated with any hearing the Planning Board may schedule pursuant to the State Environmental Quality Review Act as follows:

(a) If such 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 the receipt of a complete preliminary plat by the Planning Board Secretary; or

(b) If such 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, the public hearing on the preliminary plat shall be held within 62 days of filing the notice of completion.

(2) If the Planning Board is not lead agency, 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 or if no public hearing is held on the draft environmental impact statement, the Planning Board shall hold the public hearing on the preliminary plat within 62 days after the receipt of a complete preliminary plat by the Planning Board Secretary.

I. Public hearing notice.

(1) Notice of the public hearing shall be advertised at least once in the official Town newspaper(s) at least five days before such hearing if no hearing is held on the draft environmental impact statement, or 14 days before a hearing held jointly therewith, and all property owners of record within a distance of 500 feet from the boundary of the property proposed to be subdivided (200 feet when measured completely within the R-10, R-5 and R-2F Districts) shall be mailed, by first class mail, notice of the hearing, at least 10 days before such hearing. Notice of the hearing shall be mailed by the applicant in official envelopes provided by the Town of North Castle. Proof of mailing to all required property owners shall be demonstrated by providing the Town with a certificate of mailing (PS Form 3817 or 3877), along with a separate typewritten list of all required recipients, prior to the date of the public hearing. The notice of public hearing shall bear the signed approval of the Planning Board Secretary and shall be maintained as part of the Town's records of the proposed subdivision. Such notice shall note that a subdivision may result in future address changes in the surrounding neighborhood, subject to review by the Town Engineer and Police Department.

(2) The Planning Board Secretary shall be responsible for publication in the official Town newspaper(s) and shall mail to all other required recipients a copy of the public hearing notice.

(3) If the application includes a draft environmental impact statement, then the applicant shall be required to mail said document to all required recipients by registered or certified mail, return receipt requested. All such return receipts shall be presented to the office of the Planning Board, along with a separate typewritten list of all required recipients, prior to the date of the public hearing. The notice of public hearing shall bear the signed approval of the Planning Board Secretary and shall be maintained as part of the Town's records of the proposed subdivision.

(4) The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.

J. Review by the Westchester County Planning Board. The Planning Board shall refer to the Westchester County Planning Board for its recommendation on the subject subdivision application pursuant to the applicable regulations.

K. Review by adjacent municipalities. If the land to be subdivided is within 500 feet of any abutting municipality in the county, a notice of the public hearing shall be mailed to both the Westchester County Planning Board and the Town or Village Clerk of such abutting municipality at least 10 days prior to the date of the hearing.

L. Planning Board action.

(1) If the Planning Board is lead agency, the Planning Board shall approve, with or without modification, or disapprove such preliminary plat as follows:

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

(b) 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.

(2) If the Planning Board is not lead agency, the Planning Board shall by resolution approve, with or without modification, or disapprove the preliminary plat as follows:

(a) 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.

(b) 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.

(3) Certification and filing of preliminary plat. Within five business days of the adoption of the resolution granting approval of such preliminary plat, such plat shall be certified by the Planning Board Secretary as having been granted preliminary approval and a copy of the plat and resolution shall be filed in such Secretary's office. A copy of the resolution shall be mailed to the owner.

(4) Filing of decision on preliminary plat. Within five business days from the date of the adoption of the resolution stating the decision of the Board on the preliminary plat, the Chairman or other duly authorized member of the Planning Board shall cause a copy of such resolution to be filed in the office of the Town Clerk.

M. Expiration of approval. Approval of a preliminary plat shall expire six months from the date of approval if no application for final approval is submitted within such period, except where such time limit is extended by the Planning Board upon the written request of the applicant.

§ 275-16 Final plat.

A. Application for approval and fee. The applicant shall, within six months after the date of filing of the preliminary plat approval with the Town Clerk, file with the Planning Board an application for approval of all or part of the subdivision plat in final form. All applications for plan approval shall be in writing and on forms and in such quantity as may be prescribed by the Planning Board together with a fee as set by the Town Board. Said application shall also conform to the requirements listed in § 275-33.

[Amended 11-18-2015 by L.L. No. 9-2015]

B. 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 the 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 surety 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 Town Engineer or other delegated Town officer. The plat itself must be recorded with the County Clerk to have legal status, and an unrecorded plat shall not be a valid basis 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.

[Amended 11-18-2015 by L.L. No. 9-2015]

C. Receipt. 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. An application shall be placed on the Planning Board agenda only after payment of the application fee as set by the Town Board and submission of the specified number of copies of the final plat map and any supporting documentation.

[Amended 11-18-2015 by L.L. No. 9-2015]

D. Public hearing.

[Amended 11-15-2006 by L.L. No. 20-2006]

(1) When the Planning Board is lead agency, the time within which the Planning Board shall hold a public hearing on such final plat shall be coordinated with any hearing the Planning Board may schedule pursuant to the State Environmental Quality Review Act as follows:

(a) If such 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, or on a final plat when no preliminary plat is required to be submitted, shall be held within 62 days after the receipt of a complete final plat by the Planning Board Secretary; or

(b) If such 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 provision 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.

(2) When the Planning Board is not lead agency, 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 or if no public hearing is held on the draft environmental impact statement, 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 Board Secretary.

E. Waiver of public hearing. When the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under the provisions of these regulations and modified in accordance with the requirements of such approval, if applicable, the Planning Board may waive the requirement for such a public hearing.

F. Public hearing notice.

[Amended 7-18-1996; 11-15-2006 by L.L. No. 20-2006]

(1) When the Planning Board is lead agency, the hearing on the final plat shall be advertised at least once in the official Town newspaper(s) at least five days before such hearing if no hearing is held on the draft environmental impact statement, or 14 days before a hearing held jointly therewith, and all property owners of record within a distance of 500 feet from the boundary of the property proposed to be subdivided (200 feet where measured completely within R-10, R-5 and R-2F Zones) shall be mailed copies of such notice.

(2) When the Planning Board is not lead agency, the hearing on the final plat shall be advertised at least once in the official Town newspaper(s) at least five days before such hearing if held independently of the hearing on the draft environmental impact statement, or 14 days before a hearing held jointly therewith, and all property owners of record within a distance of 500 feet from the boundary of the property proposed to be subdivided (200 feet where measured completely within R-10, R-5 and R-2F Zones) shall be mailed copies of such notice.

(3) If the proposed subdivision involves a new street connecting directly into any state or county highway, parkway, thruway or road or involves drainage lines connecting directly into any channel lines established by the County Commissioner of Public Works under the Westchester County Stream Control Act,[1] a notice of the public hearing shall be mailed to the County Planning Board at least 10 days prior to the date of the hearing. If the land to be subdivided is within 500 feet of any abutting municipality in the county, a notice of the public hearing shall be mailed to the Clerk of such abutting municipality at least 10 days prior to the date of the hearing.

[1] Editor's Note: See Ch. 241, Art. III, of the Westchester County Code.

(4) The applicant shall be responsible for the publication notice in the official Town newspaper and shall mail to all other required recipients a copy of the public hearing notice by first class mail at least 10 days before such hearing. Notice of hearing shall be mailed by the applicant in official envelopes provided by the Town of North Castle. Proof of mailing to all required property owners shall be demonstrated by providing the Town with a certificate of mailing (PS Form 3817 or 3877), along with a separate typewritten list of all such required recipients at least 12 days prior to the date of the public hearing. The notice of the public hearing shall bear the signed approval of the applicant or the applicant's appointed representative and shall be maintained as part of the Town records for the proposed subdivision. Following approval of the public hearing notice text, the Planning Board Secretary shall be responsible for publication in the official Town newspaper.

[Amended 2-25-2015 by L.L. No. 2-2015; 11-18-2015 by L.L. No. 9-2015]

(5) The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.

G. Planning Board action.

[Amended 11-15-2006 by L.L. No. 20-2006]

(1) When the Planning Board is lead agency:

(a) If such 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 date of the public hearing; or

(b) If such 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) The time in which the Planning Board must take action on such proposed subdivision plat may be extended by mutual consent of the owner and the Planning Board.

(2) When the Planning Board is not lead agency, 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:

(a) 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.

(b) 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. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.

H. Authority for filing plat by sections. Prior to granting its approval, the Planning Board may permit the plat to be subdivided into two or more sections and may impose such conditions upon the filing of such sections as it may deem necessary to assure the orderly development of the plat. The Planning Board will determine that the sections are logical in their extent and that none contain less than 10% of the total lots in the subdivision. No section will be approved for filing prior to another section or sections upon which it will depend for street access and adequate traffic circulation. Approval of such sections, subject to any conditions imposed by the Planning Board, shall be granted concurrently with the approval of the subdivision plat, and the extent of each section and all conditions imposed shall be shown on the subdivision plat. The Planning Board may make satisfactory completion of a prior section a condition of final plat approval of any subsequent section.

I. Approval of construction plans. The construction plans, revised as necessary to meet the requirements of the Planning Board resolution, shall be endorsed by the Town Engineer as approved and in compliance with the requirements of said resolution and the construction standards of the Town Engineer prior to the signing of the plat.

[Amended 11-18-2015 by L.L. No. 9-2015]

J. Final plat approval. Upon a resolution of conditional approval of such plat, the Planning Board shall empower the Chairman to sign the plat, subject to completion of any such requirements as may be stated in the resolution. Within five days of the date of adoption of such resolution, the plat shall be certified by the Secretary of the Planning Board as conditionally approved and a copy filed in the Planning Board office and a copy mailed to the owner, including a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved final plat. The plat shall not be signed by the Chairman of the Planning Board until completion of all such requirements. Before the Chairman or Acting Chairman shall sign a final plat, all signatories to the plat, including the surveyor, shall certify to the Board that the linen can be immediately filed and that there are no liens whatsoever on the linen nor any other impediments to the filing of the linen with the County Clerk, Division of Land Records. The applicant shall further certify to the Board that Town taxes assessed against the property proposed for subdivision approval are paid in full prior to the signing of the plat. Any changes made on a plat prior to its signing shall be initialed by the Chairman or his representative. In the absence of the Chairman, the Acting Chairman may sign in his place.

K. Expiration of conditional approval. Conditional approval of a final plat shall expire within 180 days after the date of the resolution granting conditional approval unless such requirements have been certified as completed. The Planning Board may extend the time in which a conditionally approved plat in final form must be submitted for signature if, in its opinion, such extension is warranted by the particular circumstances thereof, for periods of 90 days each.

[Amended 2-16-2011 by L.L. No. 1-2011]

L. Time for filing approved plat. The owner shall file in the office of the County Clerk or Register such approved final plat or a section of such plat within 62 days from the date of final approval or such approval shall expire. The following shall constitute final approval: the signature of the duly authorized officer of the Planning Board constituting final approval by the Planning Board of a plat as herein provided; or the approval by such Board of the development of a plat or plats already filed in the office of the County Clerk or Register of the county in which such plat or plats are located if such plats are entirely or partially undeveloped; or the certificate of the Town Clerk as to the date of the submission of the final plat and the failure of the Planning Board to take action within the time herein provided. In the event the owner shall file only a section of such approved plat in the office of the County Clerk or Register, the entire approved plat shall be filed within 30 days of the filing of such section with the Town Clerk in each Town in which any portion of the land described in the plat is situated. 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 before the expiration of the exemption period to which such plat is entitled under the provisions of Subdivision 2 of § 265-a of the New York State Town Law.

[Amended 11-15-2006 by L.L. No. 20-2006]

M. Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made in any subdivision plat after approval has been indicated by signature on the plat. In the event that any subdivision plat, when recorded, contains any such changes, the plat shall be considered null and void, and the Board shall institute proceedings to have said plat stricken from the records of the County Clerk.

N. Performance surety and estimate of cost of improvements. The Planning Board may require as a condition of final plat approval that the owner/applicant establish or provide a cash escrow account, performance bond or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the required public improvements associated with development of the plat. The surety shall name the Town as beneficiary, shall be in a form satisfactory to the Town Attorney or his/her designee and shall be in an amount as determined by the Town Engineer based on an estimate of the cost of the required public improvements. The surety to guarantee completion of the improvements shall be in accordance with the requirements of § 275-17 of this chapter.

[Amended 11-18-2015 by L.L. No. 9-2015]