[Amended 11-24-1997 by L.L. No. 7-1997]
A.
Submission of preliminary plats. All plats shall be submitted to the Planning Board for the approval in final form; however, in the case of a major subdivision, the owner may submit a preliminary plat for consideration. Such a preliminary plat shall be clearly marked "preliminary plat" and shall conform to the definition provided in this section. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of § 200-73 of this Code shall be required for preliminary plat approval. The SWPPP shall meet the performance and design criteria and standards of Town Code § 200-73. The approval of preliminary subdivision plats shall be consistent with § 200-73 of this Code.
[Amended 12-5-2006 by L.L. No. 9-2006]
B.
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 impending regulations.
C.
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. The time periods for review of a preliminary plat shall
begin upon filing of such negative declaration or such notice of completion.
D.
Planning Board as lead agency under the State Environmental
Quality Review Act; public hearing; notice; decision.
(1)
Public hearing on preliminary plats. The time within
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:
(a)
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
(b)
If such Board determines that the preparation of an environmental
impact statement is required, and a 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.
(2)
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 a 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 a manner as it deems most appropriate for full public consideration
of such preliminary plat. The hearing on the preliminary plat shall be closed
upon the motion of the Planning Board within 120 days after it has been opened.
(3)
Decision. The Planning Board shall approve, with or without
modifications, or disapprove such preliminary plat as follows:
(a)
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 own decision within 62 days after the close of the
public hearing; or
(b)
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 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 such
environmental impact statement, the Planning Board shall issue findings on
the final environmental impact statement and make its decision on the preliminary
plat.
(4)
Grounds for decision. The grounds for decision 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 for the plat in final form.
E.
Planning Board not as lead agency under the State Environmental
Quality Review Act; public hearing; notice; decision.
(1)
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. 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.
(2)
Public hearing; notice; length. The hearing on the preliminary
plat shall be advertised at least once in a newspaper of 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.
(3)
Decision. The Planning Board shall, by resolution, approve
with or without modification or disapprove the preliminary plat as follows:
(a)
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.
(b)
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.
(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. 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.
F.
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
the resolution shall be filed in such Clerk's office. A copy of the resolution
shall be mailed to the owner.
G.
Filing of decision on preliminary plat. Within five business
days from the date of 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.
H.
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.
I.
Default approval of preliminary plat. In the event that
the Planning Board fails to take action on a preliminary plat within the time
prescribed therefor, such preliminary plat shall be deemed granted preliminary
plat approval. The certificate of the Town Clerk as to the date of submission,
and the failure of the Planning Board to take action within such a prescribed
time, shall be issued on demand and shall be sufficient in lieu of written
endorsement or other evidence of approval herein required.
A.
Completion of improvements. Prior to the submission of
an application for final plat approval, the developer shall have completed
all required roads or utilities in accordance with Town regulations and shall
have had the same reviewed and accepted by the Town Board. The applicant shall
have also completed and submitted verification of receipt of all necessary
approvals or licenses required from any other governmental entity.
B.
Performance bond or other security.
(1)
Furnishing of performance bond or other security upon
the approval of the Town Board. As an alternative to the installation or completion
of infrastructure and improvements, as above provided, prior to Planning Board
approval, a performance bond or other security acceptable to the attorney
for the Town and approved by the Town Board sufficient to cover the full cost
of the same, as estimated and determined by the Town Board, shall be furnished
to the Town by the owner.
[Amended 5-3-2005 by L.L. No. 3-2005]
(2)
Security where plat approved in sections. In the event
that the owner shall be authorized to file the approved plat in sections,
as provided in this article, approval of the plat may be granted upon the
installation of the required improvements in the section of the plat filed
in the office of the County Clerk or register or the furnishing of security
covering the costs of such improvements as provided above. The owner shall
not be permitted to begin construction of buildings in any other section until
such section has been filed in the office of the County Clerk or register
and the required improvements have been installed in such section or a security
covering the cost of such improvements is provided.
(3)
Form of security. Any such security must be provided
pursuant to a written security agreement with the Town, approved by the Town
Board and also approved by the Town Attorney as to form, sufficiency and manner
of execution, and shall be limited to:
(4)
Term of security agreement. Any such performance bond
or security agreement shall run for a term to be fixed by the Town, but in
no case for a longer term than three years; provided, however, that the term
of such performance bond or security agreement may be extended by the Town
Board with the consent of the parties thereto. If the Town Board shall decide
at any time during the term of the performance bond or security agreement
that the extent of building development that has taken place in the subdivision
is not sufficient to warrant all the improvements covered by such security,
or that the required improvements have been installed as provided in this
section and by the Town Board in sufficient amount to warrant reduction in
the amount of said security, the Town Board may modify its requirements for
any or all such improvements, and the amount of such security shall thereupon
be reduced by an appropriate amount so that the new amount will cover the
cost in full of the amended list of improvements required by the Planning
Board.
(5)
Default of security agreement. In the event that any
required improvements have not been installed as provided in this section
within the term of such security agreement, the Town Board may thereupon declare
the said performance bond or security agreement to be in default and collect
the sum remaining payable thereunder; and upon the receipt of the proceeds
thereof, the Town shall install such improvements as are covered by such security
and as commensurate with the extent of building development that has taken
place in the subdivision, but not exceeding in cost the amount of such proceeds.
C.
Provision of improvements by Town.
(1)
Adoption of resolution. Notwithstanding the foregoing
provision of this section, with respect to plats approved by the Planning
Board, the Town Board may adopt a resolution that sidewalks and/or water mains
and/or sanitary sewers and/or storm drains required by the Planning Board
pursuant to this section be constructed or installed at the expense of the
Town as authorized by applicable law or at the expense of an existing improvement
district in which the plat is located. Such improvements may also be acquired
without consideration by the Town Board on behalf of the Town or an improvement
district as authorized by applicable law.
(2)
Establishment of improvement district. If an improvement
district has not been created for the area in which the plat is located, the
Town Board may establish or extend an improvement district as provided in
any applicable special law for the purpose of constructing or installing or
acquiring without consideration such improvements shown on the map of any
plat as the Town Board determines.
(a)
Execution of contracts. The Town Board resolution shall
require that the owner or owners of real property execute such contracts with
the Town as the Town Board may deem necessary for the purpose of ensuring
that the expense of such construction or installation, including the cost
of issuing obligations to raise moneys to pay the expense thereof and interest
on such obligations, shall not be an undue burden upon the property deemed
benefited by the agreements or of such improvement district or extension thereof
as the case may be and may require a security bond, letter of credit or the
deposit of cash or securities reasonably acceptable to the Town Board as to
assure the performance of such contracts.
(b)
Any such surety agreement shall be executed in accordance
with this subsection, and may contain such other provisions as the Town Board
may reasonably determine to be necessary to ensure the performance of such
contracts.
[Amended 11-24-1997 by L.L. No. 7-1997]
Before the approval by the Planning Board of a plat showing lots, blocks
or sites, with or without streets or highways, the Planning Board shall require
that the land shown on the plat be of such character that it can be used safely
for building purposes without danger to health or peril from fire, flood,
drainage or other menace to neighboring properties or the public health, safety
and welfare.
A.
Additional requirements. The Planning Board shall also
require that:
[Amended 5-3-2005 by L.L. No. 3-2005]
(1)
The streets be of sufficient width and suitable grade and shall be suitably located to accommodate the prospective traffic, to afford adequate light and air, to facilitate fire protection and to provide access of fire-fighting equipment to buildings. Such streets shall be coordinated with the Official Town Map and Comprehensive Plan so as to compose a convenient system conforming to the Official Map and properly related to the proposals shown in the Comprehensive Plan of the Town. All streets shall meet the requirements of Chapter 170 of this Code, Streets and Sidewalks.
(2)
Suitable monuments be placed at block corners and other
necessary points as may be required by the Board and the location thereof
is shown on the map of such plat.
(3)
All streets shall be completed in accordance with the approved plans and accepted by the Town, or alternatively, that a performance bond or other security be furnished, in accordance with the provisions of § 175-4B.
(4)
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of § 200-73 of this Code and with the terms of preliminary plat approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design standards contained in § 200-73 of this Code. Final plat approval shall be consistent with § 200-73 of this Code.
[Added 12-5-2006 by L.L. No. 9-2006]
B.
Compliance with zoning regulations. The lots shown on said plat shall at least comply with the requirements of Chapter 200, Zoning.
C.
Reservation of parkland on subdivision plats containing
residential units.
(1)
Before the Planning Board may approve a subdivision plat
containing residential units, such subdivision plat shall also show, when
required by such Board, a park or parks suitably located for playground or
other recreational purposes.
(2)
Land for park, playground or other recreational purposes
may not be required until the Planning Board has made a finding that a proper
case exists for requiring that a park or parks be suitably located for playgrounds
or other recreational purposes within the Town. Such findings shall include
an evaluation of the present and anticipated future needs for the park and
recreational facilities in the Town based on projected population growth to
which the particular subdivision plat will contribute.
(3)
In the event that the Planning Board makes a finding pursuant to Subsection C(2) that the plat presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such subdivision plat, the Planning Board may require a sum of money in lieu thereof, in an amount to be established by the Town Board. In making such determination of suitability, the Board shall assess the size and suitability of lands shown on the subdivision plat which could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any moneys required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property.[1]
[1]
Editor's Note: By resolution on 2-18-2004, the Town Board established
the fees for park purposes in lieu of land set asides as $150 per lot for
minor subdivisions and $350 per lot for major subdivisions.
D.
Character of the development. In making such determination
regarding streets, highways, parks and required improvements, the Planning
Board shall take into consideration the prospective character of the development,
whether dense residence, open residence, business or industrial.
(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 Clerk of the
Planning Board.
(2)
Final plats when no preliminary plat is required to be
submitted; receipt of complete final plat. When no preliminary plat is required
to be submitted, a final 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 of
the State Environmental Quality Review Act. The time periods for review of
such plat shall begin upon filing of such negative declaration of such notice
of completion.
(3)
Final plats; not in substantial agreement with approved
preliminary plats or when no preliminary plat is required to be submitted.
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
or when no preliminary plat is required to be submitted and a final plat clearly
marked "final plat" is submitted conforming to the definition provided by
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, 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 Clerk 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 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 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 a 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.
(b)
Planning Board not as lead agency; public hearing; notice;
decision.
[1]
Public hearing. The Planning Board shall, with the agreement
of the lead agency, hold the public hearing on the final 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
final plat within 62 days after the receipt of a complete final plat by the
Clerk of the Planning Board.
[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 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 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 by resolution conditionally
approve, with or without modification, disapprove or grant final approval
and authorize the signing of such plat as follows:
[a]
If the preparation of an environmental impact statement
on the final plat is not required, the Planning Board shall make its decision
within 62 days after the close of the public hearing on the final plat.
[b]
If the preparation of an environmental impact statement
is required, the Planning Board shall make its own findings and its decision
on the final plat within 62 days after the close of the public hearing on
such final plat or within 62 days after the close of the public hearing on
such final plat or within 30 days after the adoption of findings by the lead
agency, whichever period is longer. The grounds for a modification, if any,
or the grounds for disapproval shall be stated upon the records of the Planning
Board.
Notwithstanding the foregoing provisions of § 175-5, the time in which a Planning Board must take action on such plat may be extended by mutual consent of the owner and the Planning Board.
A.
Approval by default. In the event that the Planning Board
fails to take action on a final plat within the time prescribed herein, or
for such extended period established by the mutual consent of the owner and
the Planning Board, the plat shall be deemed approved, and a certificate of
the Town Clerk as the date of submission and the failure to take action within
such prescribed time shall be issued on demand and shall be sufficient in
lieu of written endorsement or other evidence of approval herein required.
B.
Conditional approval of final plats.
(1)
Certification of plat. Upon resolution granting conditional
approval of a final plat, the Planning Board shall empower a duly authorized
officer to sign the plat subject to completion of any requirements as may
be stated in the resolution. Within five days of such resolution, the plat
shall be certified by the Clerk of the Planning Board as conditionally approved
and a copy filed in such Clerk's office. A copy of the resolution shall
be mailed to the owner, which copy shall include a statement of such requirements
which, when completed, will authorize the signing of the conditionally approved
final plat.
(2)
Duration of approval. Upon completion of such requirements,
the plat shall be signed by said duly authorized officer of the Planning Board.
Conditional approval of a final plat shall expire within 180 days after the
date of the resolution granting conditional approval, unless such requirements
have been certified as completed.
C.
Extension of time. Notwithstanding the foregoing provisions
of this section, the Planning Board may extend the time in which a conditionally
approved plat in final form must be submitted for signature if, in its opinion,
such extension is warranted by the particular circumstances thereof, which
time shall not exceed two additional periods of 90 days each.
D.
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.
E.
Expiration of approval. The signature of the duly authorized
officer of the Planning Board constituting final approval by the Planning
Board of a plat as herein provided; or the certificate of the Town Clerk as
to the date of the submission of the final plat and the failure of the Planning
Board to take action within the time herein provided, shall expire within
62 days form the date of such approval or from the date such certification
is issued, unless within such sixty-two-day period such plat or a section
thereof shall have been duly filed or recorded by the owner in the office
of the County Clerk or register. In the event that the owner shall file only
a section of such approved plat in the office of the County Clerk or register,
the entire approved plat shall be filed within 30 days of the filing of such
section with the Town Clerk.
