Upon completion of the requirements in Articles
V and
VI and notation to that effect upon the subdivision plat, the approval of public improvement and utility plan profiles and the submission of any and all required offers of dedication and performance assurance, as well as deposit of required inspection fees, the plat shall be deemed to have final approval and shall be properly signed by the appropriate office of the Planning Board Chairman or Acting Chairman. The final plat may then be filed by the applicant in the office of the Orange County Clerk. Planning Board approval of a final plat shall not be deemed an acceptance by the Town of any street or other land shown as offered for cession to public use.
In the event the Planning Board grants preliminary plat approval,
it may permit the plat to be divided into two or more sections or
phases, subject to any conditions the Board deems necessary in order
to ensure the orderly development of the plat. In accordance with
§ 276 of the Town Law, the applicant may file a section
or phase of the finally approved plat with the County Clerk. In these
circumstances, preliminary plat approval of the remaining sections
or phases of the plat shall remain in effect for three years from
the filing date of the first section or phase.
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 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 Planning Board shall institute proceedings to have the plat
stricken from the records of the County Clerk.
All public improvements required by the Town of Mount Hope shall
be shown on the approved subdivision map. The design of said improvements
shall be in accordance with all applicable statutes, rules and regulations.
Prior to any final approval being issued by the Board, the applicant
shall comply with the following requirements:
A. The applicant shall deliver a certification of title showing that
the applicant is the record owner of the premises.
B. The applicant shall deliver written offers of irrevocable dedication
to the Town for all proposed public improvements including offers
of dedication, in such form as is acceptable to the Planning Board
Attorney and/or Town Attorney as the case may be.
C. The applicant shall deliver an ALTA policy of title insurance issued
by a title insurance company licensed to do business in the State
of New York and in such form as is acceptable to the Planning Board
attorney in a minimum amount of $5,000, the premium of which shall
be paid for by the applicant and at no cost to the Town. The applicant
shall also deliver a properly executed and acknowledged Bargain and
Sale Deed with Covenants against Grantor's Acts in favor of the
Town and containing a metes and bounds description, acceptable to
the Town Engineer. The applicant shall also deliver a duly executed
Real Property Transfer Report (Form RP-5217) and Real Estate Transfer
Tax Return (Form TP-584). All costs and expenses involved in recording
and/or filing the deed and related documents and maps, if any, shall
be paid for by the applicant.
D. In addition to the foregoing, there shall be a report by the Town
Engineer stating that the subdivider has complied with one or both
of the following alternatives:
(1) All or part of the improvements have been installed in accordance
with the requirements of this chapter and with the action of the Planning
Board granting conditional approval of the plat; or
(2) A report or recommendation by the Town Attorney stating that security
for the performance of such improvements, by cash, bank check or certified
check, has been deposited with the Town in an amount sufficient to
assure completion of all required improvements as recommended by the
Planning Board Engineer.
As a condition of acceptance of the public improvements, the
subdivider shall file with the Town Board a cash maintenance bond
in a amount based on a maximum of 10% of the performance bond estimate
and which shall be adequate to assure the satisfactory condition of
the initial public improvements for a period of one year following
their completion and acceptance by the Town Board. The period shall
be for two years in the case of street trees. Such bond shall be satisfactory
to the Town Attorney as to form, manner of execution and surety.