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, in the form described in Article VIII, § 87-62, hereof. 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 Article VIII, § 87-62, of these regulations, except where a waiver may be specifically authorized by the Planning Board.
[Amended 6-13-2005 by L.L. No. 6-2005]
The application for conditional approval of the preliminary plat shall be accompanied by a fee in the amount adopted by the Town Board pursuant to Town Code § 50-1 and listed on the Fee Schedule posted in the Town Clerk's office. An additional fee as shown on the Fee Schedule shall be charged for applications for planned development groups.
Six copies of the preliminary plat shall be
presented to the Clerk of the Planning Board at least 10 days prior
to a regular monthly meeting of the Planning Board.
The subdivider or his duly authorized representative
shall attend the meeting of the Planning Board to discuss the 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 arrangements; the future
development of adjoining land as yet unsubdivided; and the requirements
of the Master Plan (if enacted), the Official Map and zoning regulations.[1]
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 and accompanied by the required fee and all data required by Article VIII, § 87-62 of these regulations, has been filed with the Clerk of the Planning Board.
Within 45 days after the date of such hearing,
the Planning Board shall approve with or without modification or disapprove
such preliminary plat, and the grounds of a modification, if any,
or the grounds for disapproval shall be stated upon the records of
the Planning Board. Notwithstanding the foregoing provisions of the
subdivision, the time in which the Planning Board must take action
on such plat may be extended by mutual consent of the owner and the
Planning Board. When so approving a preliminary plat, the Planning
Board shall state in writing modifications, if any, as it deems necessary
for submission of the plat in final form. Within five days of the
approval of such preliminary plat, it shall be certified by the Clerk
of the Planning Board as granted preliminary approval and a copy filed
in his office and a certified copy mailed to the owner.
Within 45 days after the receipt of such preliminary
plat by the Clerk of the Planning Board, the Planning Board shall
hold a public hearing, which hearing shall be advertised at least
once in a newspaper of general circulation in the town at least 10
days before such hearing.
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 preliminary 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; and the amount of improvement
or the amount of all bonds or letters of credit that it will require
as prerequisite to the approval of the subdivision plat. The action
of the Planning Board and any conditions shall be noted on three 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.
Conditional approval of the 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 plat which will be submitted
for approval of the Planning Board and for recording upon fulfillment
of the requirements of these regulations and the conditions of the
conditional approval, if any, prior to approval of the subdivision
plat. The Planning Board may require additional changes and/or bond
amounts as a result of further study of the subdivision in final form
or as a result of new information obtained at the public hearing.
