[Amended 5-4-1998 by L.L.
No. 1-1998]
A.
A preliminary plan shall be prepared at an appropriate scale. It
shall show the proposed layout of streets, their relation to existing
topographic conditions and to adjacent streets, the pattern of lots
and typical lot sizes, playgrounds and other public areas, easements,
building setback line, the tract name of developer, North arrow, date,
scale and the proposed water supply and sewage disposal system.
B.
Three copies of the preliminary plan and supplementary material specified
shall be submitted to the Planning Board for conditional approval.
C.
Coordination with the state Environmental Quality Review Act. The
Planning Board shall comply with the provisions of the State Environmental
Quality Review Act under Article 8 of the Environmental Conservation
Law and its impending regulations.
D.
Receipt of a complete preliminary plat. A preliminary plat shall
not be considered complete until a negative declaration had been filed
or until a notice of completion of the draft environmental impact
statement had been filed in accordance with the provisions of the
State Environmental Quality Review Act. The time periods for review
of a preliminary plat shall begin upon filing of such negative declaration
or such notice of completion.
E.
Planning Board as lead agency under the State Environmental Quality
Review Act; public hearing; notice; decision.
(1)
Public hearing on preliminary plats. The time within which the Planning
Board shall hold a public hearing on the preliminary plat shall be
coordinated with any hearings 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 Clerk of the Planning Board;
or
(b)
If such Board determines that the preparation of an environmental
impact statement is required, and a 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)
Public hearing; notice; length. The hearing on the preliminary plat
shall be advertised at least once in a newspaper of general circulation
in the Town at least five days before such a hearing if no hearing
is held on the draft environmental impact statement, or 14 days before
a hearing held jointly therewith. The Planning Board may provide that
the hearing be further advertised in such a manner as it deems most
appropriate for full public consideration of such preliminary plat.
The hearing on the preliminary plat shall be closed upon the motion
of the Planning Board within 120 days after it has been opened.
(3)
Decision. The Planning Board shall approve, with or without modifications,
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 own 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 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 such environmental impact statement,
the Planning Board shall issue findings on the final environmental
impact statement and make its decision on the preliminary plat.
(4)
Grounds for decision. The grounds for decision for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board. When so approving a preliminary plat, the Planning
Board shall state, in writing, any modifications it deems necessary
for submission of the plat in final form.
F.
Planning Board not as lead agency under the State Environmental Quality
Review Act; public hearing; notice; decision.
(1)
Public hearing on preliminary plats. 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, 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 Clerk of the Planning Board.
(2)
Public hearing; notice; length. The hearing on the preliminary plat
shall be advertised at least once in a newspaper of general circulation
in the Town 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. The Planning Board may
provide that the hearing be further advertised in such manner as it
deems most appropriate for full public consideration of such preliminary
plat. The hearing on the preliminary plat shall be closed upon motion
of the Planning Board within 120 days after it has been opened.
(3)
Decision. 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.
(4)
Grounds for decision. The grounds for a modification, if any, or
the grounds for disapproval shall be stated upon the records of the
Planning Board. When so approving a preliminary plat, the Planning
Board shall state in writing any modifications it deems necessary
for submission of the plat in final form.
G.
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 Clerk of the Planning Board
as having been granted preliminary approval, and a copy of the plat
and the resolution shall be filed in such Clerk's office. A copy
of the resolution shall be mailed to the owner.
H.
Filing of decision on preliminary plat. Within five business days
from the date of 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.
I.
Revocation of approval of preliminary plat. Within six months of
the approval of the preliminary plat the owner must submit the plat
in final form. If the final plat is not submitted within six months,
approval of the preliminary plat may be revoked by the Planning Board.
[Amended 5-4-1998 by L.L.
No. 1-1998]
A.
The final plat shall conform substantially to the preliminary plan
as conditionally approved. If desired by the subdivider, the final
plat may constitute only that portion of the approved preliminary
plan which he proposes to record and develop at the time; provided,
however, that such portion conforms to all requirements of this chapter.
B.
Application for approval of the final plat shall be submitted, in
writing, to the Planning Board by filing the plat with the Chairman
of the Planning Board at least 10 days prior to the monthly meeting
at which time it is to be considered.
C.
Three copies of the final plat and other exhibits required for approval
shall be submitted to the Planning Board within six months after conditional
approval of the preliminary plan; otherwise such conditional approval
shall become null and void unless an extension of time is applied
for and granted by the Planning Board.
D.
Final plats which are in substantial agreement with approved preliminary
plats. When a final plat is submitted which the Planning Board deems
to be in substantial agreement with a preliminary plat approved pursuant
to this section, 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 of its receipt
by the Clerk of the Planning Board.
E.
Final plats not in substantial agreement with approved preliminary
plats or when no preliminary plat is required to be submitted. When
a final plat is submitted which the Planning Board deems not to be
in substantial agreement with a preliminary plat approved pursuant
to this section or when no preliminary plat is required to be submitted
and a final plat clearly marked "final plat" is submitted conforming
to the definition provided by this section, the following shall apply:
(1)
Planning Board as lead agency; public hearing; notice; decision.
(a)
Public hearing on final plats. The time within which the Planning
Board shall hold a public hearing on such final plat shall be coordinated
with any hearings the Planning Board may schedule pursuant to the
State Environmental Quality Review Act, as follows:
[1]
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 Clerk of the Planning Board; or
[2]
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 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
statement, the public hearing on the final plat shall be held within
62 days following filing of the notice of completion.
(b)
Public hearing; notice; length. The hearing on the final plat
shall be advertised at least once in a newspaper of general circulation
in the Town at least five days before such a hearing if no hearing
is held on the draft environmental impact statement or 14 days before
a hearing held jointly therewith. The Planning Board may provide that
the hearing be further advertised in such manner as it deems most
appropriate for full public consideration a such final plat. The hearing
on the final plat shall be closed upon motion of the Planning Board
within 120 days after it has been opened.
(c)
Decision. The Planning Board shall make its decision on the
final plat as follows:
[1]
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
[2]
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.
(d)
Grounds for decision. The grounds for a modification, if any,
or the grounds for disapproval shall be stated upon the records of
the Planning Board.
(2)
Planning Board not as lead agency; public hearing; notice; decision.
(a)
Public hearing. 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 Clerk of the Planning Board.
(b)
Public hearing; notice; length. The hearing on the final plat
shall be advertised at least once in a newspaper of general circulation
in the Town 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. The Planning Board may provide
that the hearing be further advertised in such manner as it deems
most appropriate for full public consideration of such final plat.
The hearing on the final plat shall be closed upon motion of the Planning
Board within 120 days after it has been opened.
(c)
Decision. 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:
[1]
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.
[2]
If the preparation of 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 after 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.
