The purpose of this article is to establish the procedure for Planning Board review and action on applications for subdivisions. The procedure is intended to provide orderly and expeditious processing of such application. Whenever any subdivision or resubdivision or lot line adjustment of land is proposed to be made and before any contract for the sale of, or any offer to sell, any lots in such subdivision or any part 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.
Minor subdivisions shall be processed in the following steps:
A.
Sketch plan conference.
B.
Application for final plat approval. Environmental assessment form must be completed and submitted with application. Note that for a minor subdivision, the preliminary plat and final plat shall be the same.
C.
Planning Board review of final plat and environmental assessment form.
D.
Public hearing.
E.
Planning Board determination of environmental significance pursuant to SEQR.
F.
County Planning Board review pursuant to GML § 239-m, if required.
G.
Planning Board action on final plat.
A.
Submission of sketch plan. Any owner of land shall, prior to subdividing, completing a lot line adjustment, or resubdividing land, submit to the Secretary of the Planning Board at least 10 days prior to the regular meeting of the Board three copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article IV, for the purposes of classification and preliminary discussion.
B.
Discussion of requirements and classification. The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the requirements of this chapter for street improvements, drainage, sewerage, water supply, fire protection, and similar aspects, as well as the availability of existing services and other pertinent information. Further, the Planning Board shall discuss the requirements as to general layout of streets and for protection of land, street improvements, drainage, sewerage, fire protection, and similar matters, as well as the availability of exiting services, including schools.
C.
Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor or major subdivision, resubdivision or lot line adjustment as defined in this chapter. The Board may require, however, when it deems it necessary for protection of the public health, safety, and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the appropriate set of procedures as outlined in this chapter.
D.
Study of sketch plan. The Planning Board shall determine whether the sketch plan meets the purposes of this chapter and shall, where it deems it necessary, make specific recommendations, in writing, to be incorporated by the applicant in the next submission to the Planning Board.
A.
Application and fee.
(1)
Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a subdivision plat. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan, plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in Article IV.
(2)
All applications for plat approval for minor subdivisions shall be accompanied by a fee as set forth from time to time by the Town Board.
B.
Number of copies. Seven copies of the subdivision plat shall be presented to the Secretary of the Planning Board at least 10 days prior to a scheduled monthly meeting of the Planning Board.
C.
Subdivider to attend Planning Board meeting. The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the subdivision plat.
D.
When officially submitted. The time of submission of the subdivision is considered to be the date of the regular monthly meeting of the Planning Board at least 10 days prior to which the application for plat approval, determined to be a complete application for review by the Planning Board and accompanied by the required fee and all data required by Article IV of this chapter, has been filed with the Secretary of the Planning Board.
E.
No preliminary plat is required in a minor subdivision. The minor subdivision application 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.[1] The time periods for subdivision review of such plat shall begin upon filing of such negative declaration or such notice of completion.
F.
Public hearing; notice; decision when Planning Board is lead agency for SEQR.
(1)
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,[2] as follows:
(a)
If such Board determines that the preparation of an environmental impact statement is not required, the public hearing shall be held within 62 days after the receipt of a complete final plat by the Planning Board; or
(b)
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 final 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.[3] If no public hearing is held on the draft environmental impact statement, the public hearing on the final plat shall be held within 62 days following filing of the notice of completion.
(2)
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 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 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.
(3)
Decision. The Planning Board shall make its decision on the final plat as follows:
(a)
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
(b)
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.[4] 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.
(c)
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. The Planning Board shall state, in writing, any modifications it deems necessary for submission of the plat in final form.
G.
Public hearing; notice; decision when Planning Board is not lead agency for SEQR.
H.
Approval and certification of final plats.
(1)
Certification of plat. Within five business days of the adoption of the resolution granting conditional or final approval of the final plat, such plat shall be certified by the Secretary of the Planning Board as having been granted conditional or final approval, and a copy of such resolution and plat shall be filed in such Secretary's office. A copy of the resolution shall be mailed to the owner. In the case of a conditionally approved plat, such resolution shall include a statement of the requirements which, when completed, will authorize the signing thereof. Upon completion of such requirements, the plat shall be signed by said duly authorized officer of the Planning Board, and a copy of such signed plat shall be filed in the office of the Secretary of the Planning Board or filed with the Town Clerk as determined by the Town Board.
(2)
Approval of plat in sections. In granting conditional or final approval of a plat in final form, the Planning Board may permit the plat to be subdivided and developed in two or more sections and may, in its resolution granting conditional or final approval, state that such requirements as it deems necessary to ensure the orderly development of the plat be completed before said sections may be signed by the duly authorized officer of the Planning Board. Conditional or final approval of the sections of a final plat may be granted concurrently with conditional or final approval of the entire plat, subject to any requirements imposed by the Planning Board.
(3)
Duration of conditional approval of final plat. Conditional approval of the final plat shall expire within 180 days after the resolution granting such approval, unless all requirements stated in such resolution have been certified as completed. The Planning Board may extend, by not more than two additional periods of 90 days each, the time in which a conditionally approved plat must be submitted for signature if, in the Planning Board's opinion, such extension is warranted by the particular circumstances.
I.
Filing of decision on final plat. Within five business days from the date of the adoption of the resolution stating the decision of the Board on the final 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. The owner shall file in the office of the County Clerk such approved final plat within 62 days from the date of final approval or such approval shall expire. The signature of the duly authorized officer of the Planning Board on the plat shall constitute final approval.
J.
Notice to county planning board or agency or regional planning council. When a county planning board or agency or a regional planning council has been authorized to review subdivision plats pursuant to § 239-n of the General Municipal Law, the Secretary of the Planning Board shall refer all applicable preliminary and final plats to such county planning board or agency, or regional planning council as provided in that section.
A.
An applicant may request that the subdivision review process be waived when a proposed subdivision is a lot line adjustment as defined in this chapter and meets the following criteria:
(1)
Would not create an additional lot;
(2)
Is a minor modification of an existing lot line; or is the conveyance and merger of a portion of one parcel to an adjoining parcel;
(3)
Would not create a nonconforming parcel or cause any other parcel to become nonconforming;
(4)
Would comply with all applicable zoning requirements and applicable New York State Department of Health regulations pertaining to well and septic system distances from parcel boundaries.
B.
To request such a waiver, the applicant shall submit:
(1)
A waiver application (as may be developed by the Town);
(2)
A plat or map, developed by a licensed surveyor, of the parcels affected by the proposed adjustment, showing all existing buildings, the location of existing utility or other easements or rights-of-ways, proposed or existing wells and septic systems. The map shall also show the road or street name, identification as to zoning district, names of all adjacent property owners, any streams, wetlands or floodplain areas, the existing lot lines and the location of the proposed new lot line, the existing and new setback distances to any existing buildings, and an agricultural data statement, if required. The map shall have the title "lot line adjustment between properties of (name) and (name)," and shall include a restriction to the effect that the land added to the existing parcel, and the existing parcel are combined to form a single, undivided lot;
(3)
A fee as may be established by the Town Board.
C.
Upon submission of a complete application for a lot line adjustment, the Planning Board shall determine if a public hearing shall be required. The public hearing as per § 77-10F may be waived at the sole discretion of the Planning Board. If the public hearing is not waived, all requirements of § 77-10F shall be met.
E.
Within 62 days of the close of a public hearing, or, if no public hearing was held, within 62 days of the Planning Board determining that the application is complete, the Planning Board shall review the application and shall either approve, approve with modifications, or deny the application. Approval may be granted when the Planning Board determines that the proposed adjustment meets all requirements for a lot line adjustment and would not adversely affect the site's development or neighboring properties, would not alter the essential characteristics of the neighborhood, or adversely affect the health, safety, or welfare of Town residents.
F.
If the waiver is granted and the lot line adjustment approved, the applicant shall file a map with the County Clerk within 62 days of the approval date. The map shall be stamped with the official stamp of the Town of Minden Planning Board.
G.
No person shall file plans for any lot line adjustment without first obtaining the Planning Board's signature and stamp on the plans.
H.
If the Planning Board denies the request for waiver, the applicant may proceed with the subdivision review process as set forth in this chapter.
Major subdivisions shall be processed in the following steps:
A.
Sketch plan conference (mandatory).
B.
Application for preliminary plat approval. Environmental assessment form must be completed and submitted with application, along with the required filing fee.
C.
Planning Board review of environmental assessment form and preliminary plat.
D.
Planning Board determination of environmental significance pursuant to SEQR.
E.
Public hearing on preliminary plat.
F.
County Planning Board review pursuant to GML § 239-m, if required.
G.
Planning Board action on preliminary plat.
H.
Final plat submittal to Planning Board.
I.
Planning Board review.
J.
Public hearing on final plat (optional).
K.
Planning Board action on final plat.
A.
Application and fee.
(1)
Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the consideration of a preliminary plat of the proposed subdivision. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 276 and 277 of the Town Law and § 77-30 of this chapter, except where a waiver may be specifically authorized by the Planning Board.
(2)
The application for approval of the preliminary plat shall be accompanied by a fee as set forth from time to time by the Town Board.
B.
Number of copies. Seven copies of the preliminary plat shall be presented to the Secretary of the Planning Board at least 10 days prior to a regular monthly meeting of the Planning Board.
C.
Subdivider to attend Planning Board meeting. The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the preliminary plat.
D.
Study of preliminary plat. The Planning Board shall study the practicability of the preliminary plat taking into consideration the requirements of the community 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 Comprehensive Plan and Chapter 90, Zoning.
E.
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date of the regular monthly meeting of the Planning Board at least 10 days prior to which the application for conditional approval of the preliminary plat, complete for review by the Planning Board and accompanied by the required fee and all data required by § 170-23 of this chapter has been filed with the Secretary of the Planning Board.
F.
Conditional approval of the preliminary plat.
(1)
Submission of preliminary plats. All preliminary plats shall be clearly marked "preliminary plat" and shall conform to the definition pursuant to this chapter.
(2)
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 implementing regulations.
(3)
Receipt of a complete preliminary plat. 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.[1] The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion.
(4)
Public hearing; notice; decision when planning board is 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,[2] 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 Secretary 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.[3] 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.
(5)
Public hearing; notice; decision when Planning Board is not lead agency under the State Environmental Quality Review Act.[4]
(6)
Notice to county planning board or agency or regional planning council. When a county planning board or agency or regional planning council has been authorized to review subdivision plats pursuant to § 239-n of the General Municipal Law, the Secretary of the Planning Board shall refer all applicable preliminary and final plats to such county planning board or agency, or regional planning council as provided in that section.
(7)
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 Secretary of the Planning Board as having been granted preliminary approval, and a copy of the plat and resolution shall be filed in such Secretary's office. A copy of the resolution shall be mailed to the owner.
(8)
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.
(9)
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.
(10)
When granting conditional approval to a preliminary plat, the Planning Board shall state the conditions of such approval, if any, with respect to the specific changes which it will require in the subdivision plat, the character and extent of the required improvements for which waivers may have been requested and which in its opinion may be waived without jeopardy to the public health, safety, morals and general welfare, the amount of improvement or the amount of all bonds therefor which it will require as prerequisite to the approval of the subdivision plat. The action of the Planning Board, plus any conditions attached thereto, shall be noted on all copies of the preliminary plat. One copy shall be returned to the subdivider, one retained by the Planning Board and one forwarded to the Town Board.
(11)
Conditional approval of a preliminary plat shall not constitute approval of the subdivision plat, but rather it shall be deemed an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the final plat which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of this chapter and the conditions of the conditional approval, if any. Prior to approval of the subdivision plat, the Planning Board may require additional changes as a result of further study of the subdivision in final form or as a result of new information obtained at the public hearing.
A.
Application for approval and fee. The subdivider shall, within six months after the conditional approval of the preliminary plat, file with the Planning Board an application for approval of the subdivision plat in final form, using the approved application form available from the Secretary of the Planning Board. All applications for final plat approval for major subdivisions shall be accompanied by a fee as set forth from time to time by the Town Board. If the final plat is not submitted within six months after the conditional approval of the preliminary plat, the Planning Board may refuse to approve the final plat and require resubmission of the preliminary plat.
B.
Number of copies. A subdivider intending to submit a proposed subdivision plat for the approval of the Planning Board shall provide the Secretary of the Board with seven copies of the application and the plat, the original and one true copy of all offers of cession, covenants, and agreements, and two prints of all construction drawings, at least 10 days in advance of the regular monthly Planning Board meeting at which it is to be officially submitted.
C.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Board at least 10 days prior to which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by Article IV of this chapter, has been filed with the Secretary of the Planning Board.
D.
Endorsement of state and county agencies. Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the Montgomery County Public Health Department. Application for approval of plans for sewer or water facilities will be filed by the subdivider with all necessary Town, county, and state agencies. Endorsement and approval by the Montgomery County Public Health Department shall be secured by the subdivider before official submission of the final subdivision plat. Any other permits required with any other state, county or federal agency shall also be properly endorsed prior to final plat approval.
E.
Public hearing for final plat. A public hearing shall be held by the Planning Board after the preliminary plat is filed and prior to rendering a decision. This hearing shall be held within 62 days of the official submission date of the final plat application. The subdivider shall attend the hearing. The hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before the hearing. The public hearing for subdivisions may be waived by the Planning Board if the final plat is in substantial agreement with the preliminary plat.
F.
Approval of final plats.
(1)
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 Secretary of the Planning Board.
(2)
Final plats not in substantial agreement with approved preliminary plats. 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, the following shall apply:
(a)
Planning Board as lead agency; public hearing; notice; decision.
[1]
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,[1] as follows:
[a]
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 Secretary of the Planning Board; or
[b]
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 final 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 final plat shall be held within 62 days following filing of the notice of completion.
[2]
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 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 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.
[3]
Decision. The Planning Board shall make its decision on the final plat as follows:
[a]
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
[b]
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.
[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. The Planning Board shall state, in writing, any modifications it deems necessary for approval of the final plat.
G.
Approval and certification of final plats.
(1)
Certification of plat. Within five business days of the adoption of the resolution granting conditional or final approval of the final plat, such plat shall be certified by the Secretary of the Planning Board as having been granted conditional or final approval, and a copy of such resolution and plat shall be filed in such Secretary's office. A copy of the resolution shall be mailed to the owner. In the case of a conditionally approved plat, such resolution shall include a statement of the requirements which, when completed, will authorize the signing thereof. Upon completion of such requirements, the plat shall be signed by said duly authorized officer of the Planning Board, and a copy of such signed plat shall be filed in the office of the Secretary of the Planning Board or filed with the Town Clerk as determined by the Town Board.
(2)
Approval of plat in sections. In granting conditional or final approval of a plat in final form, the Planning Board may permit the plat to be subdivided and developed in two or more sections and may, in its resolution granting conditional or final approval, state that such requirements as it deems necessary to ensure the orderly development of the plat be completed before said sections may be signed by the duly authorized officer of the Planning Board. Conditional or final approval of the sections of a final plat may be granted concurrently with conditional or final approval of the entire plat, subject to any requirements imposed by the Planning Board.
(3)
Duration of conditional approval of final plat. Conditional approval of the final plat shall expire within 180 days after the resolution granting such approval, unless all requirements stated in such resolution have been certified as completed. The Planning Board may extend, by not more than two additional periods of 90 days each, the time in which a conditionally approved plat must be submitted for signature if, in the Planning Board's opinion, such extension is warranted by the particular circumstances.
H.
Filing of decision on final plat. Within five business days from the date of the adoption of the resolution stating the decision of the Board on the final 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.
Notice to county planning board or agency or regional planning council. When a county planning board or agency or regional planning council has been authorized to review subdivision plats pursuant to § 239-m of the General Municipal Law, the Secretary of the Planning Board shall refer all applicable preliminary and final plats to such county planning board or agency, or regional planning council as provided in that section.
A.
Final approval and filing. Upon completion of the requirements for a preliminary and final plat and notation to that effect upon the subdivision 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 County Clerk. Any subdivision plat not so filed or recorded within 62 days of the date upon which such plat is approved, or considered approved by reason of the failure of the Planning Board to act, shall become null and void.
B.
Plat void if revised after approval. No changes, erasures, modifications, or revisions shall be made in any subdivision 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. In the event that any such subdivision 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 County Clerk.
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. The Planning Board shall require the plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant, a third party, or an HOA, if one exists, and the Town Board covering future deed and title, dedication, and provision for the cost of grading, development, equipment, and maintenance of any such street, easement, or other open space.
B.
Ownership and maintenance of recreation areas. When a park, playground or other recreation area shall have been shown on a plat and required by the Planning Board pursuant to New York State Town Law § 277, Subdivision 4, the approval of said plat shall not constitute an acceptance by the Town of such area. The Planning Board shall require the plat to be endorsed with 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.
The Planning Board shall have the power to retain such independent engineers and consultants as it deems necessary in order to provide it with information and guidance regarding any application before it. In the event that the Board determines that such engineers or consultants shall be required with regard to a particular application, it shall notify the applicant of the amount of the actual expense to be incurred, and the applicant shall, prior to any further review of his application by the Board, remit the entire cost of said engineers' or consultants' fees to the Planning Board. The Planning Board shall thereupon cause the engineering or consultant work to be done and proceed with the review of the application.
New York State Department of Health approval may be required for any subdivision containing five or more lots. Early contact by the subdivider with such department is advised.
Prior to final plat approval, the subdivider shall construct all required infrastructure and improvements. As an alternative, a performance bond or other security sufficient to cover the full cost of same shall be furnished to the Town by the subdivider as provided in Article VI of this chapter.