[Amended 9-10-1990 by L.L. No. 2-1990]
Whenever any subdivision of land is proposed to be made and
before any contract for its sale or any portion thereof is made and
before any permit for the erection of a structure in such proposed
subdivision shall be granted, the subdivider or his duly authorized
agent shall apply, in writing, for approval of such proposed subdivision
in accordance with the following procedures.
[Amended 9-10-1990 by L.L. No. 2-1990]
A. Final approval and filing. Upon completion of the requirements of §§
93-7B and
93-8 above and notation to that effect upon the final plat, it shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Planning Board (Chairman or Acting Chairman) and may be filed by the applicant in the office of the Steuben County Clerk. Any final plat not so filed or recorded within 60 days of the date upon which such plat is approved or considered approved by reasons of the failure of the Planning Board to act shall become null and void in accordance with § 276, Subdivision 7, of the Town Law.
B. Plat void if revised after approval. No changes, erasures, modifications
or revisions shall be made in any final 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 the modifications. In the event that any such final
plat is recorded without complying with this requirement, the same
shall be considered null and void, and the Board shall institute proceedings
to have the plat stricken from the records of the Steuben County Clerk.
[Amended 9-10-1990 by L.L. No. 2-1990]
Pursuant to resolution of the Town Board, the Planning Board is empowered to modify applicable provisions of Chapter
105, Zoning, in accordance with the provisions of § 281 of the Town Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most adequate and economic use of land, to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of open lands. The following shall be the procedure and standards:
A. Request by subdivider. A subdivider may request the use of § 281 simultaneously with or subsequent to presentation of the sketch plat as per the procedure described in this Article
II. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plat review.
B. Sketch plat. A subdivider shall present, along with a proposal in accordance with the provisions of § 281, a standard sketch plat which is consistent with all the criteria established by these subdivision regulations, including but not limited to streets being consistent with the street specifications and lots being consistent with Chapter
105, Zoning.
C. Park, recreation, open space or other municipal purposes. If the
application of this procedure results in a plat showing land available
for park, recreation, open space or other municipal purposes directly
related to the plat, then conditions as to ownership, use and maintenance
of such lands necessary to assure the preservation of such lands for
their intended purposes all be set forth by the Planning Board.
D. Plat submission. Upon determination that such sketch plat is suitable
for the procedures under § 281 and subsequent to the resolution
authorizing the Planning Board to proceed, a preliminary plat meeting
all the requirements of the resolution shall be presented to the Planning
Board and thereafter, the Planning Board shall proceed with the required
public hearings and all other requirements of these regulations.
E. Filing; notation on Land Use Map. On the filing of a plat in the
office of the Steuben County Clerk in which § 281 has been
used, the subdivider shall file a copy with the Town Clerk who shall
make appropriate notations and reference thereto in the Town Zoning
Map. The Secretary of the Planning Board shall notify the Code Enforcement
Officer when such a plat is filed.