All major subdivisions shall require final application approval by the Planning Board. If the final application is not submitted for approval within six months of preliminary application approval, the Planning Board may revoke the preliminary application approval. The subdivider shall file an application with appropriate fees for final application approval, accompanied by documentation as specified in Article
XI of this chapter, with the Planning Board. Such application shall be submitted at least 10 days prior to the meeting at which it is to be considered by the Planning Board. The subdivider shall bear the cost of mailing any agricultural data statement, where required.
The Planning Board shall establish an official submission date for the major subdivision final application. Such date shall be the date that the Planning Board determines the application to be complete, including all information required in Article
XI of this chapter.
The Planning Board shall refer all final applications that fall
within those areas specified under General Municipal Law § 239-n
to the County Planning Board. These shall include any use that falls
within 500 feet of the following: the boundary of the Village; a state
or county park or recreation area; a state or county highway; a state-
or county-owned drainage channel; state or county land where a public
building or institution is located; or a farm operation in an agricultural
district. If the County Planning Board does not respond within 30
days from the time it received a full statement on the referral matter,
then the Planning Board may act without such report.
In order that the Village has the assurance that construction
and installation of public improvements will be guaranteed, the applicant
shall enter into one of the following agreements with the Village:
A. The subdivider will construct all improvements as required by this
chapter, and by the Planning Board, prior to final approval of the
application; or
B. Furnish guarantee as provided in Village Law § 7-730.
The Planning Board shall by resolution grant final approval by the signature of the Planning Board Chairman on the plat, conditionally approve, with or without modifications (see §
336-52 below), or disapprove the application within 62 days of the public hearing. If the public hearing has been waived pursuant to §
336-49 above, the Planning Board shall act within 62 days of the final application official submission date. The time in which the Planning Board must take action may be extended by mutual consent of the subdivider and the Planning Board. The subdivider shall be notified of the final action of the Planning Board. If disapproved, the grounds for disapproval shall be stated in the record of the Planning Board, including reference to the provisions violated by the application.
Prior to granting conditional or final approval of a plat in
final form, the Planning Board may permit the plat to be divided into
two or more sections and may, in its resolution granting conditional
or final approval, state such requirements as it deems necessary to
ensure the orderly development of the plat be completed before such
sections may be signed by the Planning Board Chairman. Conditional
or final approval of the sections of a final plat, subject to any
conditions imposed by the Planning Board, shall be granted concurrently
with conditional or final approval of the plat. In the event the owner
shall file only a section of such approved plat in the office of the
County Clerk, two copies of the entire approved plat shall be filed
within 30 days of the filing of such section with the Village 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 in the office of the County Clerk within three years of the
filing of the first section with the County Clerk.
If at any time it is demonstrated that unforeseen conditions
make it necessary to modify the location or design of improvements
required by the Planning Board, the Planning Board Chairman may authorize
such modifications, provided these modifications are within the spirit
and intent of the Planning Board's approval and do not substantially
alter the function of any such improvement required by the Planning
Board. Any such authorization issued under this section shall be in
writing and shall be reported to the Planning Board at the next regular
meeting.
The approval by the Planning Board of a subdivision plat shall
not be deemed to constitute or be evidence of any acceptance by the
Village of any street, park, playground, recreation area, easement,
public utility, or any other improvement. 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 Village Board covering future deed and
title, dedication, and provision for the costs of developing and maintaining
any such improvements.