A.
Full compliance with the provisions of Article 16 of the NYS Town
Law, with applicable provisions of the Public Health Law, with SEQRA
and with this chapter concerning the preparation of a subdivider's
sketch plan, preliminary plat, and subdivision plat, except where
variations of these requirements may be expressly authorized by the
Planning Board, is necessary for the information of the Planning Board
and of the public at public hearings as provided in this chapter.
Due care in the preparation of the maps and other information called
for will expedite the process of obtaining the Planning Board's decision.
B.
In order to avoid violation of § 334 of the Real Property
Law and § 136 of the Highway Law, when any subdivision of
land is proposed and before any contract for the sale of land or any
offer to sell such subdivision or any part thereof is made or any
grading, clearing, construction, or other improvement is undertake
therein, the subdivider or his duly authorized agent shall apply in
writing for approval of such proposed subdivision in accordance with
the following procedures.
B.
The subdivider, or the duly authorized representative, shall make
the effort to attend the meeting of the Planning Board to discuss
the requirements of these regulations for compliance with zoning,
layout of the buildings, street improvements, drainage, sewage, water
supply, fire protection and similar aspects, as well as the availability
of existing services and other pertinent information.
C.
At this meeting, the Planning Board will classify the concept plat
into one of the two categories as defined herein: minor subdivision
or major subdivision.
D.
The Planning Board shall determine whether the concept plat meets
the purposes of these regulations and shall, where it deems necessary,
make specific suggestions, in writing, to be incorporated by the applicant
in the subsequent submission.
A.
Application and fee.
(1)
Within 180 days after the Planning Board, or duly authorized representative, has classified the concept plat as a minor subdivision, the subdivider shall submit an application for approval of a final plat. The plat shall conform to the layout shown on the concept plat plus any recommendations made by the Planning Board. Said application shall also conform to the submission requirements specified in Article V, § 464-33.
(2)
All applications for plat approval for minor subdivisions shall be
accompanied by an application fee in the amount set by resolution
of the Town Board in the Fee Schedule.
B.
An original and a minimum of 12 copies of the final plat shall be
presented to the Department of Code Enforcement in accordance with
the submission deadlines set forth by the Planning Board.
C.
The subdivider, or a duly authorized representative, shall attend
the meeting of the Planning Board to discuss the subdivision plat.
At the same time, if any waiver of the submission requirements provided
for in these regulations is necessary for plan approval, such waiver
shall be requested.
D.
A public hearing shall be held once the Planning Board has made the determination that the application for a minor subdivision is complete, as set forth through the submission requirements of Article V, § 464-33, of this chapter. Such hearing shall be held in accordance with Article III, § 464-19, of this chapter and Section 276 of Article 16 of the NYS Town Law.
E.
The Planning Board shall comply with the provisions of the State
Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law, as amended or changed, and its implementing regulations.
Such review shall be performed as early as possible in the review
process.
F.
Applications for final minor subdivision approval shall be subject
to referral to the Chemung County Planning Board pursuant to Section
239-n of the General Municipal Law.
G.
Approval of final plat for a minor subdivision: When a final plat is submitted which the Planning Board deems to be in substantial agreement with the submission requirements in Article V, § 464-33, of these regulations, the Planning Board shall by resolution conditionally approve with or without modification, disapprove, or grant final approval and authorize the signing of such plat. Such decision shall be made within 62 days from the date of the public hearing.
H.
Conditional approval of the subdivision plat shall expire 180 days
after the date of the adoption of the resolution granting such approval
unless all of the conditions required to be fulfilled prior to the
signing of the plat by the Planning Board Chair, or duly authorized
representative, have been fulfilled. Upon such expiration, the conditional
approval shall become null and void. The Planning Board may extend
said time in which a conditional approved plat must be submitted for
signature by not more than two additional ninety-day extensions each
if, in the Planning Board's opinion, such extension is warranted by
the particular circumstances involved.
A.
Application and fee.
(1)
Within 180 days after the Planning Board, or duly authorized representative, has classified the concept plat as a major subdivision, the subdivider shall submit an application for approval of a preliminary plat. The plat shall conform to the layout shown on the concept plat plus any recommendations made by the Planning Board. Said application shall also conform to the submission requirements specified in Article V, § 464-34.
(2)
All applications for plat approval for major subdivisions shall be
accompanied by an application fee in the amount set by resolution
of the Town Board in the Fee Schedule.
B.
An original and a minimum of 12 copies of the final plat shall be
presented to the Department of Code Enforcement in accordance with
the submission deadlines set forth by the Planning Board.
C.
The subdivider, or a duly authorized representative, shall attend
the meeting of the Planning Board to discuss the preliminary subdivision
plat. At the same time, if any waiver of the submission requirements
provided for in these regulations is necessary for plan approval,
such waiver shall be requested.
D.
A public hearing shall be held once the Planning Board has made the determination that the application for a preliminary plat for a major subdivision is complete, as set forth through the submission requirements of Article V, § 464-34, of this chapter. Such hearing shall be held in accordance with Article III, § 464-19, of this chapter and Section 276 of Article 16 of the NYS Town Law.
E.
The Planning Board shall comply with the provisions of the State
Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law, as amended or changed, and its implementing regulations.
Such review shall be performed as early as possible in the review
process.
F.
Applications for major subdivision preliminary plat approval shall
be referred to the Chemung County Planning Board pursuant to Section
239-n of the General Municipal Law after it has been determined by
the Planning Board, or duly authorized representative, that the application
is complete.
G.
The Planning Board shall determine the practicability of the preliminary
plat, taking into consideration the requirements of the community,
the findings of any consultant utilized by the Planning Board, and
the best use of the land being subdivided. Particular attention shall
be given to the arrangement, location and width of streets; their
relation to the topography of the land, water supply, sewage disposal,
drainage, lot sizes and arrangement; the future development of adjoining
lands as yet unsubdivided; and the requirements of the Town Plan and
zoning requirements.
H.
Upon review of the complete preliminary plat, the Planning Board
shall, by resolution, approve with or without conditions, disapprove,
or grant final approval and authorize the signing of the preliminary
plat within the time limits. If the Planning Board is to disapprove
said application, such resolution shall state the reason(s) as to
why such application was disapproved.
I.
Planning Board approval of a preliminary plat shall expire 180 days
after the date of such formal action. The applicant may request a
ninety-day extension of approval, and two such extensions may be granted
by the Planning Board. No Planning Board action will be taken after
such expiration until a new application and filing fee are submitted.
A waiver for a reasonable period of time may be given in cases of
hardship upon petition to the Planning Board.
A.
After receipt of preliminary plat approval, the applicant shall submit a final plat and required supplementary data for the proposed subdivision as outlined in Article V, § 434-35.
B.
Official submittal date: The final plat shall be considered officially
submitted only at the regular meeting of the Planning Board following
the completion of the application procedure outlined below:
(1)
Number of copies: The subdivider shall provide the Department of
Code Enforcement with a copy of the application and a minimum of 12
copies (including one mylar copy). Such submittal shall also include
all offers of cession, covenants and agreements.
(2)
Endorsement of state and county agencies: Application for approval
of plans for sewer and water facilities will be filed by the subdivider
with all necessary Town, county, and state agencies. Endorsement and
approval by the Chemung County Department of Health shall be secured
by the subdivider before official submission of the subdivision plat.
(3)
Public hearing: The Planning Board may waive the requirement for
a second public hearing if the Board deems the final plat to be in
substantial agreement with the preliminary plat and any recommended
requirements.
(4)
Action on the proposed subdivision plat: The Planning Board shall,
through a resolution, conditionally approve with or without modifications,
disapprove or grant final approval of the subdivision plat. The action
shall be taken within 62 days of the receipt by the Department of
Code Enforcement of a completed application or, in the event a hearing
is held, within 62 days after the date of such second hearing. If
the plat is conditionally approved, the Department of Code Enforcement
shall, within five days of such action, notify the owner by mail of
such requirements which, when completed, will authorize the signing
of the final plat. The subdivision plat shall not be signed for recording
until the subdivider has complied with the provisions of this chapter.
A.
Final approval and filing: Upon completion of the requirements within Article III above, and notation to that effect upon the final plat, it shall be signed by the Chairperson of the Planning Board, or duly authorized representative, and must be filed by the applicant in the office of the Chemung County Clerk. Any final plat not so filed or recorded within 62 days after the plat is signed by the Chairperson, or duly authorized representative, shall become null and void, unless the Planning Board, upon good cause shown, grants an extension which shall not exceed two additional periods of 90 days each.
B.
Final 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 any modifications, after a public hearing.
In the event that any such final plat is recorded without complying
with this requirement, such plat shall be null and void and no lots
sold there from or building permits issued with regard thereto.
C.
No building permits may be issued prior to the time that such final
plat is filed in the office of the Chemung County Clerk.
D.
Signing of the plat:
(1)
Every final plat submitted to the Board for its approval shall carry
the following endorsement:
|
Approved by resolution of the Town of Southport Planning Board,
subject to all requirements and conditions of said resolution. Any
change, erasure, modification or revision of this plat, as approved,
shall void this approval.
| |
|
Signed this _____ day of ________________, _____, by
| |
|
Chairperson
|
Vice-Chair
|
(2)
In the absence of the Chairperson or Vice-Chair, the Acting Chairperson,
respectively, may sign.
A.
Public acceptance of streets: The approval by the Planning Board
of a subdivision plat shall not be deemed to constitute or be evidence
of any acceptance by the Town of any street, easement or other open
space shown on such subdivision plat.
B.
Ownership and maintenance of recreational areas: When a park, playground,
or other recreation area is shown on a subdivision plat, the approval
of said plat shall not constitute an acceptance by the Town of such
area(s). The Planning Board shall require that the plat be endorsed
with specific and appropriate notes to this effect. The Planning Board
may also require the filing of a written agreement between the applicant
and the Town Board covering future deed and title, dedication and
provision for the cost of grading, development, equipment, and maintenance
of any such recreation area.
A.
A public hearing shall be held by the Planning Board within 62 days from the time of submission of a complete application, as set forth in Article V.
B.
The hearing on the final plat shall be advertised at least once in
a newspaper of general circulation in the Town at least 10 days before
such hearing. 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.
C.
The applicant shall allow for a sign, supplied by the Town, to be
posted on the site of the proposed subdivision. Such sign shall aid
in the public's knowledge and participation of the proposed subdivision.
D.
The hearing on the final plat shall be closed upon motion of the
Planning Board within 120 days after it has been opened.
A.
In accordance with Sections 276 through 278 of Article 16 of the
NYS Town Law, the Planning Board must take action on a preliminary
plat or final plat within the time periods prescribed within this
chapter. The time periods are specifically intended to provide the
Planning Board and the public adequate time for review and to minimize
delays in the processing of subdivision applications.
B.
Such periods may be extended only by mutual consent of the owner
and the Planning Board.
C.
In the event a Planning Board fails to take action on a preliminary
plat or a final plat within the time prescribed therefore after completion
of all requirements under the State Environmental Quality Review Act,
or within such extended period as may have been established by the
mutual consent of the owner and the Planning Board, such preliminary
or final plat shall be deemed granted approval.
D.
The certification of the Town Clerk as to the date of submission
of the preliminary or final plat and the failure of the Planning Board
to take action within the prescribed time shall be issued on demand
and shall be sufficient in lieu of written endorsement or other evidence
of approval herein required.
