A. 
Preapplication conference. Prior to the filing of an application for approval of a subdivision plat, the subdivider or his authorized representative may request a preapplication conference. No formal application is thereby required. The purpose of such appearance and submission of information is primarily to afford the subdivider an opportunity to consult informally and at an early stage with the Planning Board for the purpose of conserving the time and expense of the subdivider and creating mutual opportunities for an exchange of information that will aid in assuring a desirable subdivision in the public interest.
B. 
Submission. Whenever any subdivision of land as herein defined is proposed to be made, and following any preapplication conference, the subdivider shall apply in writing to the Planning Board for approval of the subdivision on such forms as may be provided by the Town. An application and sketch plan shall be filed with the Chairperson of the Planning Board not less than seven days prior to a regularly scheduled Board meeting. The date the application and sketch plan are so filed shall be the date of submission.
C. 
Content. There shall be filed, as part of the application, three copies of a sketch plan of the entire property to be subdivided. Required information to be included in the application for a subdivision and the sketch plan is as stipulated in Appendix B of this chapter.[1]
[1]
Editor's Note: Appendix B, Required Submissions, is attached to this chapter.
D. 
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 implementing regulations. A preliminary plat shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has 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.
(1) 
Planning Board as lead agency under the State Environmental Quality Review Act.
(a) 
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:
[1] 
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
[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 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.
(b) 
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 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 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.
(c) 
Decision. The Planning Board shall approve, with or without modification, or disapprove such preliminary plat as follows:
[1] 
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 decision within 62 days after the close of the public hearing; or
[2] 
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 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 preliminary plat. Within 30 days of the filing of such final environmental impact statement, the Planning Board shall issue findings on the final environmental impact statement and make its decision on the preliminary 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. 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.
(2) 
Planning Board not as lead agency under the State Environmental Quality Review Act.
(a) 
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. 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 preliminary plat within 62 days after the receipt of a complete preliminary plat by the Clerk of the Planning Board.
(b) 
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.
(c) 
Decision. The Planning Board shall by resolution approve with or without modification or disapprove the preliminary plat as follows:
[1] 
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.
[2] 
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.
(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. 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.
(3) 
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 resolution shall be filed in such Clerk's office. A copy of the resolution shall be mailed to the owner.
(4) 
Filing of decision on preliminary plat. Within five business days from the date of the 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.
E. 
All applicants submitting an application requiring additional professional assistance (as is determined by the Planning Board of the Town of Colton) shall pay a review fee provided for by this part to the Town Clerk upon submission of the application and notification by the Town Clerk. No application shall be deemed complete until all fees and deposits have been paid in full.
F. 
Definition of review fee. A review fee is the total cost incurred by the Town of Colton for expert review of the proposed project, site plan review, and is to include legal, engineering, architectural, landscaping, secretarial, consultants and all other services that may be deemed necessary by the Code Enforcement Officer. There shall be no expert fees required for a single-family or two-family dwelling.
G. 
Retention of expert assistant, reimbursement by applicant.
(1) 
The Town may hire any consultant and/or expert necessary to assist the Town in reviewing a land use application, including, but not limited to, technical or engineering consultants or special legal counsel.
(2) 
Except as otherwise provided in the Town Code, if, prior to the completion of a review of a land use application, the Town discovers the need to retain consultant and/or expert services, the applicant shall deposit with the Town funds sufficient to reimburse the Town for the reasonable costs of consultation and/or evaluation in connection with review of the application. The Town will maintain a separate escrow account for such funds.
(3) 
Upon receipt of such funds, the Town Clerk shall cause the money to be placed in an account in the name of the Town and shall keep a separate record of all money so deposited and the name of the applicant upon receipt of the project for which the sums were deposited.
(4) 
The Town's consultants and experts shall invoice the Town for services rendered in reviewing the application. The Town shall furnish a copy of each invoice received to the application file upon receipt of the invoice by the Town.
(5) 
The Town shall review and audit all invoices received and shall approve payment only of such fees as are reasonable in amount and necessarily incurred by the Town in connection with a review of a land use application. For purposes of this part, a fee is reasonable in amount if it bears a reasonable relationship to the average charge by such an expert to the Town or others for services performed in connection with the review of a project similar to that involved in the land use application. In this regard, the Town may take into consideration the size and type of project involved, the expertise of the consultants and experts, the usual costs of such services as provided by the consultants and experts, and any other special conditions or considerations as the Town may deem relevant in connection with the review of the particular land use application.
(6) 
Contracts for the retention of experts shall be let pursuant to the purchasing policy of the Town unless the contract is one that must be competitively bid.
(7) 
After payment of all outstanding invoices, any funds held by the Town upon completion of a review of a land use application shall be returned to the applicant.
H. 
Exceptions.
(1) 
The following developments are hereby exempt from the application of this section:
(a) 
Any development of land of one acre or less abutting an existing public highway.
(b) 
Any subdivision of land into four or fewer lots abutting an existing public highway.
(2) 
Notwithstanding anything to the contrary contained in this chapter, an applicant or developer shall not be required to reimburse the Town for any part of a fee incurred by the Town for services performed in connection with matters, including but not limited to those resulting from complaints by third parties, as to which the Town determines the applicant had no responsibility or were beyond the reasonable control of the applicant.
A. 
Submission. The subdivider shall, within six months of the date of response by the Planning Board to the application and sketch plan, where it has been determined that the proposed subdivision is a minor subdivision, file with the Planning Board an application for approval of a minor subdivision plat; otherwise, the initial application and sketch plan shall expire unless an extension of time is applied for and granted by the Board. Application for minor plat approval shall be filed with the Clerk of the Board not less than seven days prior to a regularly scheduled Board meeting. The date of the minor plat as so filed shall be the date of submission.
B. 
Content. The subdivider shall cause to be prepared a minor plat, which shall consist of, as a minimum, those items of information called for in Appendix B.[1] Four copies of the minor plat and supplementary materials required shall be submitted.
[1]
Editor's Note: Appendix B, Required Submissions, is attached to this chapter.
C. 
Public hearing. The Planning Board shall, within 62 days of the date of submission of the application, hold a public hearing on the minor plat, as submitted. Said hearing shall be properly advertised in a newspaper of general circulation in the Town at least five days prior to the date of hearing.
D. 
Referral and response shall be as follows:
(1) 
Upon receipt of application for preliminary and/or final approval of a subdivision plat or proposal to develop an undeveloped plat and/or plats already filed in the office of the County Clerk, such plats shall be referred to the County Planning Board if the plat applies to real property within 500 feet of the following:
(a) 
The boundary of any city, village, or town; or
(b) 
The boundary of any existing or proposed county or state park or other recreation area; or
(c) 
The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway; or
(d) 
The existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or
(e) 
The existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated; or
(f) 
The boundary of a farm operation located in an agricultural district, as defined by Article 25-AA of the Agriculture and Markets Law.
(2) 
Thirty-day review. The County Planning Board shall have 30 days after receipt of a preliminary plat or proposal to develop an undeveloped plat, or such longer period as may have been agreed upon by the County Planning Board and the Town Planning Board, to report its recommendations to the Town Planning Board, accompanied by a statement of the reasons for such recommendations. If the County Planning Board fails to report within such period, the Town Planning Board may take final action on the referred plat without such report. However, any County Planning Board report received after 30 days or such longer period as may have been agreed upon, but two or more days prior to final action by the Town Planning Board, shall be subject to the provisions of extraordinary vote.
(3) 
Whenever any proposed subdivision constitutes a Class A or Class B Regional Subdivision, as set forth in Appendix E of this chapter,[2] a copy of the application for minor plat approval will be referred to the Adirondack Park Agency in accord with the requirements of the Adirondack Park Agency Act and the provisions of Appendix E.
[2]
Editor's Note: Appendix E, Regional Projects, is attached to this chapter.
E. 
Action shall be taken according to the following:
(1) 
Extraordinary vote upon recommendation of modification or disapproval. If the County Planning Board recommends modification or disapproval of a referred plat, the Town Planning Board shall not act contrary to such recommendation except by a vote of a majority plus one of all the members thereof.
(2) 
Report of final action. Within 30 days after final action, the Town Planning Board shall file a report of the final action it has taken with the County Planning Board. If the Town Planning Board acts contrary to a recommendation of modification or disapproval of a proposed action, it shall set forth the reasons for the contrary action in such report.
(3) 
Whenever a proposed subdivision has been determined to be a Class A or Class B Regional Subdivision, and at such time as this part become part of an approved local land use program for the Town under the Adirondack Park Agency Act, Planning Board action thereon shall be in accord with the additional provisions of Appendixes C and E of this chapter[3] and in conformity with the requirements of the Adirondack Park Agency Act. In particular, no Class B Regional Subdivision shall be disapproved except after public hearing thereon.
[3]
Editor's Note: Appendixes C and E are attached to this chapter.
(4) 
Within 62 days after the date of such hearing, the Board shall conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of the minor plat. Failure of the Planning Board to act within such sixty-two-day period shall constitute approval of the minor plat. Notwithstanding the foregoing, the time within which the Board must act may be extended by mutual written consent of the applicant and the Board.
(5) 
In the instance of conditional approval, with or without modification, the Planning Board Chairman shall be empowered to sign the minor plat upon compliance by the subdivider with such conditions or requirements as may be set forth in the resolution of conditional approval.
F. 
Notification of action taken. Any conditional approval, including any required modifications and the reasons therefor, disapproval and the reasons therefor, or final approval shall be stated in the records of the Planning Board and the applicant so notified with a copy certified to by the Clerk of the Board within five days from the date of action taken.
G. 
Satisfaction of conditional approval. Within 180 days of the date of resolution granting approval or conditional approval, with or without modification, the applicant shall have met all requirements of such approval or conditional approval and have submitted the original of the minor plat for signature as required to denote final approval. Notwithstanding the foregoing, the Planning Board may extend the time within which an approved or conditionally approved minor plat must be submitted for signature, where in its opinion such extension is warranted, for additional periods of 90 days each.
H. 
Signature and filing. Upon satisfactory completion of the above requirements, including any set forth in any resolution of conditional approval, the Chairman of the Planning Board shall affix his signature to the original of the minor plat, which signature shall constitute final approval of the plat, which may then be filed according to the following:
(1) 
Within 62 days from the date of such signature denoting final approval, or from the date of issuance of a certificate of submission issued by the Town Clerk noting failure of the Planning Board to act within the prescribed time, the minor plat shall be duly filed by the applicant in the office of the St. Lawrence County Clerk.
(2) 
Within 30 days from the date of filing with the St. Lawrence County Clerk, the minor plat shall be filed with the Town Clerk.
A. 
Submission. The subdivider shall, within six months of the date of response by the Planning Board to the application and sketch plan, where it has been determined that the proposed subdivision is a major subdivision, file with the Planning Board an application for approval of the preliminary plat; otherwise, the initial application and sketch plan shall expire unless an extension of time is applied for and granted by the Board. Any initial application and sketch plan, of which only a portion or section is submitted as a preliminary plat, shall not expire after six months so long as each subsequent phase is submitted for preliminary plat approval in accord with a previously established timetable. Application for preliminary plat approval shall be filed with the Clerk of the Board not less than seven days prior to a regularly scheduled Board meeting. The date the preliminary plat is so filed shall be the date of submission.
B. 
Content. The subdivider shall cause to be prepared a preliminary plat, which shall consist of, as a minimum, those items of information called for in Appendix B of this chapter.[1] Four copies of the preliminary plat and supplementary materials required shall be submitted.
[1]
Editor's Note: Appendix B, Required Submissions, is attached to this chapter.
C. 
Referral and response shall be as follows:
(1) 
Whenever any proposed subdivision is located within 500 feet from any boundary of an adjoining municipality or the boundary of any state or county property or easement, a copy of the application for preliminary plat approval will be referred to the St. Lawrence County Planning Board as is provided for under the applicable provisions of § 239-n of the General Municipal Law. In the instance of such referral, the County Planning Board shall have 30 days in which to report its recommendations to the Town Planning Board. Failure of the County Planning Board to report within 30 days may be construed to be approval by that Board.
(2) 
Whenever any proposed subdivision constitutes a Class A or Class B Regional Subdivision, as set forth in Appendix E[2] of this chapter, a copy of the application for preliminary plat approval will be referred to the Adirondack Park Agency in accord with the requirements of the Adirondack Park Agency Act[3] and the provisions of Appendix E. In particular, no Class B Regional Subdivision shall be disapproved except after public hearing thereon.
[2]
Editor's Note: Appendix E, Regional Projects, is attached to this chapter.
[3]
Editor's Note: See Article 27 of the Executive Law.
D. 
Public hearing. The Planning Board shall, within 62 days of the date of submission of the application, hold a public hearing on the preliminary plat, as submitted. Said hearing shall be properly advertised in a newspaper of general circulation in the Town at least five days prior to the date of hearing.
E. 
Action shall be taken according to the following:
(1) 
If the County Planning Board recommends disapproval or modification of any matter referred to them, the Town Planning Board shall not approve such application other than in accord with the recommendation of the County Planning Board except by a vote of a majority plus one of all the members of the Board after adoption of a resolution setting forth its reasons. Whatever the final action of the Town Planning Board, where referral under § 239-n of the General Municipal Law is called for, the County Planning Board will be notified of the same within seven days following such action.
(2) 
Whenever a proposed subdivision has been determined to be a Class A or Class B Regional Subdivision, and at such time as this part become part of an approved local land use program for the Town under the Adirondack Park Agency Act, Planning Board action thereon shall be in accord with the additional provisions of Appendixes C and E of this chapter[4] and in conformity with the requirements of the Adirondack Park Agency Act.[5] In particular, no Class B Regional Subdivision shall be disapproved except after public hearing thereon.
[4]
Editor's Note Appendixes C and E are attached to this chapter.
[5]
Editor's Note: See Article 27 of the Executive Law.
(3) 
Within 62 days after the date of such hearing, the Planning Board shall approve, with or without modification, or disapprove the preliminary plat. Failure of the Planning Board to act within such 62 day period shall constitute approval of the preliminary plat. Notwithstanding the foregoing, the time within which the Board must act may be extended by mutual written consent of the applicant and the Board.
F. 
Notification of action taken. Any approval, required modification and the reasons therefor, or disapproval and the reasons therefor shall be stated in the records of the Planning Board and the applicant so notified with a copy certified to by the Clerk of the Board within five days from the date of action taken.
A. 
Submission. The subdivider shall, within six months after approval of a preliminary major subdivision plat, file with the Planning Board an application for approval of the final plat; otherwise, such approval of the preliminary plat shall become null and void unless an extension of time is applied for and granted by the Board. Any approved preliminary plat, of which only a portion or section is submitted as a final plat, shall not be null and void after six months so long as each subsequent phase is submitted for final plat approval in accord with a previously established timetable. Application for final plat approval shall be filed with the Clerk of the Board not less than seven days prior to a regularly scheduled Board meeting. The date the final plat is so filed shall be the date of submission.
B. 
Content shall be as follows:
(1) 
The subdivider shall cause to be prepared a final plat, which shall consist of, as a minimum, those items of information called for in Appendix B of this chapter.[1] Four copies of the final plat and supplementary materials required shall be submitted.
[1]
Editor's Note: Appendix B, Required Submissions, is attached to this chapter.
(2) 
The final plat shall conform substantially to the preliminary plat as approved. If desired by the subdivider, the final plat may constitute only that portion or section of the approved preliminary plat which he proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of this part.
C. 
Referral and response shall be as follows:
(1) 
Any proposed subdivision previously referred to the County Planning Board under § 239-n of the General Municipal Law at the preliminary plat stage may, at the discretion of the Town Planning Board, also be referred at the final plat stage. In the instance of such referral, the County Planning Board shall have 30 days in which to report its recommendations to the Town Planning Board. Failure of the County Planning Board to report within 30 days may be construed to be approval by that board.
(2) 
Any proposed subdivision determined to be a Class A or Class B Regional Subdivision and previously referred to the Adirondack Park Agency at the preliminary plat stage may, at the discretion of the Town Planning Board be referred to the Agency at the final plat stage as well, in accord with the provisions of Appendix E of this chapter.[2]
[2]
Editor's Note: Appendix E, Regional Projects, is attached to this chapter.
D. 
Public hearing. Within 62 days of submission of the final plat in proper form, the Planning Board shall hold a public hearing; except that, where the Board determines the final plat to be in substantial agreement with a previously approved preliminary plat, the Board may waive the requirement for a public hearing on the final plat. If a public hearing is to be held, it shall be properly advertised in a newspaper of general circulation in the Town at least five days prior to the date of hearing.
E. 
Action shall be taken according to the following:
(1) 
If the County Planning Board recommends disapproval or modification, the Town Planning Board shall not approve such subdivision other than in accord with the recommendation of the County Planning Board, except by a vote of a majority plus one of all the members of the Board after adoption of a resolution setting forth its reasons. Whatever the final action of the Town Planning Board, where referral under § 239-n of the General Municipal Law is called for, the County Planning Board will be notified of the same within seven days following such action.
(2) 
Whenever a proposed subdivision has been determined to be a Class A or Class B Regional Subdivision, and at such time as this part become part of an approved local land use program for the Town under the Adirondack Park Agency Act, Planning Board action thereon shall be in accord with the additional provisions of Appendixes C and E of this chapter[3] and in conformity with the requirements of the Adirondack Park Agency Act.[4]
[3]
Editor's Note: Appendixes C and E are attached to this chapter.
[4]
Editor's Note: See Article 27 of the Executive Law.
(3) 
The Planning Board shall, by resolution, conditionally approve, with or without modification, or disapprove the final plat within 62 days of the date of submission if no public hearing is held, or within 62 days of the hearing if such hearing is held. Upon failure of the Board to act within the prescribed period of time, the final plat shall be deemed approved, and the Town Clerk shall issue a certificate of submission indicating the date of submission and the failure of the Board to take action within the prescribed time, such certificate to be sufficient in lieu of written endorsement or other evidence of approval. Notwithstanding the foregoing, the time within which the Board must act may be extended by mutual written consent of the applicant and the Board.
(4) 
Upon resolution of the Planning Board to conditionally approve the final plat, with or without modification, the Chairman of the Planning Board shall be authorized to sign the plat, subject to such requirements as may be stated in the resolution.
(5) 
The final plat shall not be signed by the Chairman when improvements to the subdivision as may be required under Article III are to be made until either Subsection G(1)(a) or (b) is complied with as required hereunder.
F. 
Notification of action taken. Any conditional approval, required modification and the reasons therefor, or disapproval and the reasons therefor, shall be stated in the records of the Planning Board and the applicant so notified with a copy certified to by the Clerk of the Board within five days from the date of action taken.
G. 
Required improvements. In any subdivision where improvements are required, the following shall apply.
(1) 
The applicant shall either:
(a) 
In an amount set by the Planning Board, file with the Town Clerk a certified check, performance bond or other acceptable security to cover the full cost of the required improvements. Any such security shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution and surety. A period of one year, or such other period as the Planning Board may determine appropriate, not to exceed three years, shall be set forth in the terms of the security deposit within which time required improvements must be completed; or
(b) 
Complete all required improvements to the satisfaction of the Enforcement Officer and Planning Board and file with the Board a letter and required drawings signifying the satisfactory completion of all such required improvements. For any required improvements not so completed and approved, the subdivider shall file with the Town Clerk an acceptable security deposit covering the cost of such improvements and the cost of satisfactorily installing any improvement not approved, in accordance with the requirements of Subsection G(1)(a) above.
(2) 
If the subdivider elects to provide a certified check, performance bond or other acceptable security for all required improvements as specified in Subsection G(1)(a), such security deposit shall not be released until as-built drawings, as called for in Appendix B, are approved. If, however, the subdivider completes all required improvements according to Subsection G(1)(b), then any required as-built drawings shall be submitted and approved prior to signature of the final plat by the Planning Board Chairman.
H. 
Satisfaction of conditional approval. Within 180 days of the date of resolution granting conditional approval, the applicant shall have met all requirements of the conditional approval, including those set forth in Subsection G above where applicable, and have submitted the original of the final plat for signature as required to denote final approval. Notwithstanding the foregoing, the Planning Board may extend the time within which a conditionally approved final plat must be submitted for signature, where in its opinion such extension is warranted, for additional periods of 90 days each.
I. 
Signature and filing. Upon satisfactory completion of the above requirements, including any set forth in the resolution of conditional approval, the Chairman of the Planning Board shall affix his signature to the original of the final plat, which signature shall constitute final approval of the plat, which may then be filed according to the following:
(1) 
Within 62 days from the date of such signature denoting final approval, or from the date of issuance of a certificate of submission issued by the Town Clerk noting failure of the Board to act within the prescribed time, the final plat or approved sections thereof shall be duly filed by the applicant in the office of the St. Lawrence County Clerk.
(2) 
Within 30 days from the date of filing with the St. Lawrence County Clerk, the final plat or filed sections thereof shall be filed with the Town Clerk.
(3) 
In the event that the approved final plat is filed in sections, each section shall constitute at least 10% of the total number of lots contained in the final plat, and all sections subsequent to the first shall be filed prior to the date of expiration of any exemption provided for under Article I, § 105-4C, of this part.
A. 
Under and pursuant to the provisions of § 278 of the Town Law, the Planning Board may, at its discretion, entertain as part of the application for any subdivision plat a request to adjust the applicable Zoning Regulations of the Town coincidental with its review and approval of any such subdivision plat.
B. 
The purpose of this provision is to introduce flexibility in the design of a subdivision in a manner consistent with the public interest, the wise use of the land and the efficient provision of services. The use of this provision shall in no way be contrary to the Town Plan or the purpose and intent of this part or Part 3, the Town Zoning Regulations.
C. 
Such adjustment of Part 3, Zoning Regulations, shall not result in a greater number of building lots or dwelling units than would be allowable under Part 3 of this chapter, and no change in the types of uses or activities provided for in the zoning district shall be allowed under this provision.
D. 
If the subdivision involves any shoreline subject to the shoreline lot width restrictions contained in Part 3, Zoning Regulations, any modification of such restrictions shall not result in an overall intensity of development exceeding the allowable number of principal buildings per linear mile of shoreline or fraction thereof for the respective zoning district involved. If the subdivision involves any shoreline subject to the shoreline lot width restrictions contained in Part 3, Zoning Regulations, and utilizes the special provisions of this section, the Planning Board shall specifically find in connection with any approval thereof that the subdivider will provide the means, whether by deed restriction, restrictive covenant or other similar appropriate method, to ensure the retention in open space of the undeveloped portions of shoreline approved on such basis.
E. 
Any subdivision plat approved, signed and filed which has included any adjustment to Part 3, Zoning Regulations, allowed for under this provision shall be filed as required with the Town Clerk who shall make appropriate notation thereof in the affected zoning regulations, including the official Zoning Map(s).