A.
No person shall make a subdivision within the meaning of these regulations
of any land within the Town, or proceed with the improvement for sale
of lots in a subdivision, or the construction of ways, or preparation
therefor or the installation of utilities and municipal services therein,
unless and until a final plat application of such subdivision has
been duly submitted to and approved by the Planning Board as hereinafter
provided and the endorsement required has been placed upon said plat,
and said plat has been recorded in the office of the Monroe County
Clerk.
B.
A resubdivision to make a change in a lot to accommodate "as-built
plans"; a lot line adjustment; or a similar type of accommodation
and which does not create a new lot or make any lot concerned nonconforming
shall not require Planning Board review and may be approved administratively.
In those cases in which the land shown on the plan or plat is
abutted by land of an owner not the owner of the land as shown, the
applicant shall include a statement from the person who prepared the
plan as to the source or sources of the information about the location
of boundaries.
A.
All applications relating to subdivisions shall conform in all respects
to the provisions, procedures and substance of these regulations unless
otherwise authorized by the Planning Board in writing when, in the
judgment of the Planning Board, such action is in the public interest,
is not inconsistent with the intent of these regulations, and does
not violate state or local laws or violate due process.
B.
A request for any such waiver shall be in writing and must be approved
by the Planning Board as part of its conditions of approval of the
subject plat or plan.
The Planning Board shall not approve, nor approve with modifications
and/or conditions, any application for a proposed subdivision of land
unless all buildings, structures and lots shown on said plat comply
with the Zoning Law of the Town[1] unless a variance from the terms thereof has been granted
by the Board of Appeals.
The Planning Board is authorized, in its review and approval of residential subdivisions in the RRAA, SRAA and RRSP Districts, to establish, in its discretion, lot and bulk requirements that are consistent with the development concepts set forth in § 185-17 of this Code. The Planning Board is also authorized, in its review and approval of residential subdivisions in the RRAA, SRAA and RRSP Districts, to establish, in its discretion, subdivision context and lot requirements that are consistent with the development concepts set forth in § 185-19 of this Code. The foregoing sentence is not meant to allow the Planning Board to establish the appropriate number of allowable lots for residential subdivisions in either the RRAA, SRAA or RRSP Districts.
The Planning Board is authorized, in its discretion, to refer
any subdivision application to the Design Review and Historic Preservation
Board, for its review and advisory comments to the Planning Board.
The filing fee for an application for approval of a proposed
subdivision plan or plat shall be paid at the time of submission of
an application. The filing fee for submission of applications shall
be as approved by the Town Board in accordance with the current fee
schedule and is intended to cover the cost of advertising, publication
of notices and mailing.
Expenses incurred by the Town relative to a subdivision proposal
shall be borne solely by the applicant for items such as engineering,
and/or professional planning review, inspection of construction, certification
of compliances, recording and filing of documents. All such costs
shall be billed to the applicant and paid prior to endorsement of
final approval or disapproval of a plan or plat.
Should the Planning Board determine that cash is to be deposited in lieu of land dedications for the acquisition and/or development of park, playground and other recreational purposes, the Planning Board shall require a cash deposit in accordance with the provisions of § 185-125 of this Code.
A.
Prior to approval and/or endorsement of any application for approval
of a final plat or site plan, the applicant must deliver to the Town
financial security, in a form acceptable to the Commissioner of Public
Works and in an amount not less than the Engineer's estimated
cost of all improvements shown on the final plat or site plan, and
as approved by the Commissioner of Public Works.
B.
If the proposed subdivision or site improvements are to be developed
in stages, the amount of the financial security shall be based upon
the stage or stages to be approved, except that should the Planning
Board deem that the Town would be damaged by failure of the applicant
to proceed on schedule with the further stages, the required financial
security may be increased by an amount equal to all or part of the
construction costs for the remaining phases.
A.
No building permit for any permanent building within the subdivision
or lot to be developed shall be authorized until after the subdivision
plat or site plan has received final approval by the Planning Board
and the plat map has been filed in the office of the Monroe County
Clerk and liber and page numbers have been assigned by the County
Clerk.
B.
No permits for building will be issued until all outstanding bills
for public hearings, required tests and review services and other
costs are paid in full.
C.
The Building Inspector shall not issue any permit for the erection
of a building until he has first determined that:
(1)
The lot and the right-of-way furnishing access to the lot as required
by these regulations is shown on an approved and recorded final plat;
(2)
Any condition endorsed thereon limiting the right to erect or maintain
buildings on such lot has been satisfied or waived by the Planning
Board; and
(3)
The construction and/or installation of the utilities and streets
has progressed sufficiently to permit ingress and egress to said lot
by the necessary construction equipment without damage to the required
improvements and without impairment of public safety.
Where a certificate of occupancy is desired for a building in
the subdivision prior to the completion of all of the improvements
shown on the approved construction sheet of the subdivision plat,
the street serving the building shall be completed to a degree satisfactory
to the Commissioner of Public Works. In general, the degree of such
street improvement shall be adequate for vehicular access by the prospective
occupant and by police and fire equipment prior to the issuance of
a certificate of occupancy. Where such permit has been issued, the
street shall be maintained in suitable condition by the subdivider
at his expense and liability until such time as it is accepted by
the Town.
