After completion of the sketch plan review by the Planning Board,
the applicant shall file an application for the consideration of a
preliminary plat of the proposed subdivision, in the form provided
by the Planning Board. The preliminary plat shall, in all respects,
comply with the applicable requirements of the New York State Town
Law and of this chapter. The fees required by the Standard Schedule
of Fees for the Town of Mount Hope shall be paid by the applicant.
A.
The preliminary layout and the supporting documents for a proposed
subdivision constitute the material to be officially submitted to
the Planning Board, and, upon approval by the Planning Board, the
same shall become the official record of the Town Clerk. They must
show the layout of the subdivision and its public improvements so
that the Planning Board can indicate its approval or disapproval of
the subdivision prior to the time that the final plat, including the
design and detailing of the public improvements and utilities, is
completed. Approval of the preliminary layout does not constitute
an approval of the final plat, nor should it be considered a valid
basis for the construction of site improvements or for other commitments
which depend upon its design characteristics.
B.
When revision(s) to the proposed subdivision is required, the preliminary
layout shall be revised accordingly so that the files and records
of the Planning Board and any other federal, state, and/or local agencies
and/or departments will be current.
C.
The preliminary layout shall serve as a key map to subdivisions subsequently
laid out in sections on final plats.
The application for approval of the preliminary plat, complete
with 10 copies of the preliminary plat, folded so that each copy is
no greater than 8 1/2 inches by 14 inches, and accompanied by
the required fee and all data required by this chapter shall be filed
with the Secretary of the Planning Board at least 10 days prior to
the next regular monthly meeting of the Planning Board. A proposed
submission which does not include all the required drawings and documents
will not be accepted for filing.
The subdivider or his duly authorized representative shall attend
the meeting of the Planning Board to discuss the preliminary plat.
The Planning Board shall study the practicability of the preliminary
plat, taking into consideration the requirements of the community
with the land being subdivided and shall include but not be limited
to public health, safety and welfare. The Board will consider the
conformance of the preliminary plat to the approved land development
plan, if one was required.
A.
If the site borders a county or state road, copies of the preliminary
submission shall, if directed by the Planning Board, be forwarded
to the Orange County Department of Public Works and/or the regional
office of the New York State Department of Transportation by the subdivider
in time for their comments to be returned and read into the minutes
of the public hearing. If the site lies within 500 feet of an existing
or proposed county or state road, drainage easement, institution or
park or within 500 feet of a Town boundary, a copy of the preliminary
submission shall be forwarded if directed by the Planning Board to
the Orange County Department of Planning by the subdivider not less
than 10 days prior to a hearing so that its comments may be returned
and read into the minutes of the public hearing. The requirements
of this subsection shall be in addition to any of the requirements
provided for in the General Municipal Law § 239 et seq.
B.
If public improvements and/or proposed roads are proposed, the preliminary
submission shall be submitted to the Town Highway Superintendent,
and/or federal, state or county agencies having jurisdiction.
In accordance with the requirements of General Municipal Law
§ 239-nn, if the location of land set forth in the preliminary
plat for subdivision of land is within 500 feet of any town or village
boundary, a copy of the preliminary plat shall be sent by the Planning
Board Secretary to the appropriate town or village clerk of the adjoining
town or village, as the case may be.
The Planning Board shall hold a public hearing as required in
§ 276, Subdivision 5, of the Town Law, after the receipt
of such plat by the Secretary of the Planning Board. The hearing shall
be advertised at least once in a newspaper of general circulation
in the Town designated by the Planning Board and a notice of the public
hearing posted in at least three prominent public places located within
the Town, both at least five days before the hearing if no hearing
is held on the draft environmental impact statement or 14 days before
a hearing held jointly with the draft environmental impact statement;
and the applicant shall cause notice to be sent by certified mail,
return receipt requested, to the owners of record of property within
500 feet of the subject premises and to any other persons as may be
directed by the Board. The applicant shall provide to the Board certified
mail return receipts as proof of such notification.
A.
The Planning Board shall, within 62 days after the close of the public
hearing, approve, with or without modifications, or disapprove the
preliminary plat. This time may be extended upon mutual consent of
the subdivider and the Planning Board. If a final environmental impact
statement is required, the Planning Board decision to approve, with
or without modifications, or disapprove the preliminary plat shall
be made within 30 days of filing of the final environmental impact
statement.
B.
When approving a preliminary plat, the Planning Board shall state,
in writing, or on the record, the modifications, if any, it deems
necessary for submission of the plat in final form and reasonable
conditions of preliminary plat approval.
C.
Approval of a preliminary plat shall not constitute approval of the
subdivision plat, but rather it shall be deemed an expression of conceptual
agreement with the layout submitted on the preliminary plat and as
a guide to the preparation of the final 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 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 subdivision in final form or as a result of
new information obtained at the public hearing.
D.
Filing in phases shall be in accordance with § 210-39 hereof. At the time the Planning Board grants preliminary plat approval, it may permit the plat to be divided into two or more phases or sections, subject to any conditions the Board deems necessary in order to ensure the orderly development of the plat.
Planning Board approval of a preliminary layout submission shall
expire six months after the date of such formal action unless extended
by the Planning Board. No Planning Board action will be taken after
such expiration until a new application and filing fee are submitted.
Upon petition to the Planning Board, the Planning Board may in its
discretion, and for just cause being shown, extend the period of approval,
for a period not to exceed an additional six months.
