A.
The purpose of this article is to establish the procedure
for Planning Board review and action on applications pursuant to this
chapter. The procedure is intended to provide orderly and expeditious
processing of such applications.
B.
Whenever any subdivision of land or lot line change
is proposed, and before any contract for the sale of land or any offer
to sell such subdivision or any lot or part thereof is made, or before
any action is taken to realign lot lines, and before any grading,
clearing, construction, filling or other improvement is undertaken
therein and before any permit for the erection of a structure in such
proposed subdivision shall be granted, the applicant or his authorized
agent shall apply for and attain final approval of such proposed subdivision
or lot line change in accordance with and in the sequential order
of the following procedures (for lot line change applications, the
Planning Board may apply only those procedures as are appropriate):
[Amended 4-5-2017 by L.L.
No. 4-2017]
(1)
At the request of the applicant, an informal meeting
may be scheduled with the Town and its consultants at its regular
workshop meeting.
(2)
Submission of application, sketch plan, necessary
supporting data, documentation and fees to the Planning Board.
(3)
Review by Planning Board.
(5)
Submission of application, preliminary plat, necessary
supporting data, documentation and fees to the Planning Board.
(6)
Review by Planning Board.
(7)
Referral to other involved and/or interested agencies
for review and comment, as required. Referral in conformance with
procedures established by Planning Board.
(8)
Compliance with SEQR procedures. 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. (Lot line changes are deemed a Type II action under Code § 130-3C.)
(9)
Public hearing (where applicable) and action on preliminary plat approval by the Planning Board. If the preliminary plat is approved, proceed to Subsection B(10); otherwise, submit modifications and additions as required and return to Subsection B(5). [Public hearing may be waived by Planning Board on minor subdivisions and lot line changes.]
(10)
Submission to other involved agencies for review
and approval, as required.
(11)
Submission of application, final plat and all
data, documentation and fees as required or requested by the Planning
Board.
(12)
Review by Planning Board.
(13)
Public hearing and action on approval of final plat by the Planning Board. If the final plat is conditionally approved, proceed to Subsection B(14); otherwise, submit modifications and additions as required and return to Subsection B(12). [Final public hearing can be waived for all applications if no significant revisions have been made, in the opinion of the Planning Board, since preliminary plat approval.]
(14)
Completion of revised plat and completion and
acceptance of improvements or posting of performance bond within the
conditional approval time constraints.
(15)
Approved final plat is signed by authorized
official of the Planning Board for filing.
(16)
Final plat is filed with the Orange County Clerk’s
office and the Planning Board within 62 days.
A.
Before preparing a detailed submission package/submittal,
the subdivider should attend an informal meeting or meetings with
representatives of the Town Planning Board or its appointed consultants,
to notify the Board of their intentions and familiarize themselves
with the requirements of this chapter, other regulations, the policies
of the Planning Board and other information that may be pertinent
to the subdivision. The purpose of this meeting, however, is not for
the Planning Board to provide design information or make decisions
for the applicant with regards to zoning code or subdivision regulations.
These meetings shall take place as informal discussions during a regularly
scheduled workshop meeting.
B.
The applicant should also discuss the proposal with
the Orange County Department of Health, if necessary, which may also
be responsible for the adequacy of water supplies and sewage disposal
facilities. Under certain conditions, the subdivider may also need
the approval of the state or county highway agencies, the Town Highway
Department, the New York State Department of Health, Orange County
Department of Health, the Orange County Planning Board and others
involved, such as federal, state and local agencies. Applicants seeking
a preapplication meeting shall schedule the same in accordance with
the procedures established by the Planning Board. The applicant may
be charged reasonable fees for a preapplication meeting. The applicant
shall not be bound by the determination of the preapplication meeting,
nor shall the Planning Board or review committee be bound by any such
review.
A.
Prior to filing a preliminary plat, the subdivider or his duly authorized representative shall submit a sketch plan showing the basic proposed layout and other information required in § 257-28 of this chapter. At least 12 copies of this sketch plan and all required documents, information and fees shall be delivered to the Planning Board Secretary or other authorized official at least seven days before the regularly scheduled Planning Board meeting for which the application is scheduled for review.
B.
After review of the sketch plan, but within 62 days
of the official date of submission of the sketch plan, the Planning
Board will approve the sketch plan or recommend modification. The
purpose of the sketch plan is to provide the Planning Board input
in the formative stages of subdivision design. The applicant shall
not be bound by any sketch plan, nor shall the Planning Board be bound
by any such review. Concerns surfacing during the more detailed preliminary
and final plat review may necessitate revision of the initial proposal,
as presented in the sketch plan.
A preliminary plat for both major and minor subdivisions shall be prepared and submitted in accordance with § 257-29 or 257-31, respectively. (Preliminary plat approval for lot line change is not required.)
A.
A preliminary plat for both major and minor subdivisions shall be prepared and submitted, showing, in detail, how the subdivision is to be designed, the details of construction, any proposed covenants and other items required in § 257-29 or 257-31 (as applicable) of this chapter and clearly marked as "preliminary plat." Twelve copies shall be submitted. A public hearing shall be held within 62 days after SEQR compliance and receipt of all necessary information required by this chapter, fees and complete plans. (Public hearing may be waived by Planning Board for minor subdivisions and lot line changes.) Such hearing shall be advertised by the Town at least once in the official Town newspaper at least 14 days before such hearing. Not less than 10 days prior, notifications shall be prepared by the applicant, addressed to all property owners within 300 feet of the property in question and to any other persons the Board feels may be particularly affected. Such notices shall be complete with postage affixed and shall be submitted to the Planning Board Secretary who shall cause such notices to be mailed (via regular first class) and advise the Planning Board by affidavit of such mailing. The Town will provide the applicant with the list of names and addresses for notification. After the public hearing, the Board shall move to close or to adjourn the public hearing. If the hearing is closed, the Planning Board shall act within 62 days of the public hearing closing to approve, with or without modifications, or disapprove the preliminary plat. This period may be extended by mutual written consent of the applicant and the Planning Board. The grounds for modification, if any, or the grounds for disapproval shall be stated upon the record of the Planning Board. In the event that the Planning Board fails to take action on a preliminary plat within the time prescribed, such preliminary plat shall be deemed granted preliminary 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 prescribed time, shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required.
B.
Review by other agencies. Where review is required
by other Town, county, state or federal agencies, all approvals, permits
and/or review of these agencies shall be filed by the subdivider with
the Planning Board as part of the final plat submission.
C.
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; the topography of the land; water supply,
sewage disposal and drainage; lot sizes, shapes and arrangements;
the possible future development of adjoining lands as yet unsubdivided;
the health, safety and welfare of the public; and the requirements
of the Town Comprehensive Plan, Zoning Law and other matters enumerated
in § 277 of the Town Law of the State of New York. The Planning
Board may require the location of temporary markers at property corners
and along street center lines to facilitate inspection of the site.
D.
Completion of SEQR procedures. All requirements of
the State Environmental Quality Review Act must be implemented and
completed prior to any action on the preliminary plat by the Planning
Board.
E.
Applicant to attend Planning Board meeting. The subdivider
or his representative shall attend the regular meeting of the Planning
Board to discuss the final plat submission and any modifications to
the approved preliminary plat. The applicant may attend workshop meetings
to help clarify issues raised by the Planning Board.
F.
Approval of the preliminary plat. A resolution to
approve, with or without modification, or disapprove shall be filed
with the Town Clerk within five business days of such resolution,
and a copy of the resolution shall be mailed to the applicant.
G.
Approval of the preliminary plat does not constitute
approval of the final plat. Rather, it shall be deemed an expression
of approval of the proposal submitted on the preliminary plat and
used as a guide to the preparation of the final plat, which will be
submitted for approval by the Board and for recording upon fulfillment
of the requirements of these regulations.
H.
Expiration of approval. Planning Board approval of
a preliminary plat shall expire six months after the date of such
resolution of approval. No Planning Board action will be taken after
such expiration until a new application and filing fee are submitted.
A total of four six-month extensions of time may be given by the Planning
Board prior to expiration, unless the applicant demonstrates adequate
hardship and cause, in the sole discretion of the Planning Board,
why the application has not received outside agency approvals necessary
for consideration of final approval by the Planning Board.
I.
Notice to County Planning Department. The Planning
Board shall refer all applicable preliminary plats to the Orange County
Planning Department for its review and comment pursuant to the agreement
between such agencies.
A final plat for major subdivisions, minor subdivisions and lot line changes shall be prepared and submitted in accordance with § 257-30, 257-32 or 257-33, respectively.
A.
Final plats which are in substantial agreement with approved preliminary plats where applicable. When a final flat is submitted which the Planning Board deems to be in substantial agreement with a preliminary plat approval pursuant to § 257-14, 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 the receipt of the complete final plat by the Planning Board.
B.
Final plats which are not in substantial agreement
with approved preliminary plats where applicable. When a final plat
is submitted which the Planning Board deems not to be in substantial
agreement with the preliminary plat approved pursuant to this section,
the following shall apply:
(1)
Final plats not in substantial agreement with approved
preliminary plats may require further review under the State Environmental
Quality Review Act (SEQR).
(2)
The Planning Board shall hold a public hearing on such final plat not later than 62 days after receipt of the complete final plat. The hearing shall be noticed in accordance with § 257-14. (Note: For applications where no substantial change has been made, in the opinion of the Planning Board, since the preliminary plat, the Board may waive this requirement.)
(3)
The Planning Board shall, by resolution, conditionally approve, with
or without modification, disapprove or grant final approval and authorization
of the signing of such plat, within 62 days after the date of the
public hearing or the completion of any further review under the State
Environmental Quality Review Act. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board.
[Amended 4-5-2017 by L.L.
No. 4-2017]
C.
Review by other agencies. Where review, approval or
permits are required by other Town, county, state or federal agencies,
written approvals and/or permits from these agencies shall be filed
by the subdivider with the Planning Board as part of the final plat
submission.
D.
Performance bond estimate and inspection fee. An estimate
of the construction cost for all proposed subdivision improvements
shall be prepared. Such estimate shall be based on anticipated expenses
the Town would incur in the event that the responsibility of improvement
construction is consigned to the Town. Such estimate shall be provided
by the applicant’s engineer, approved by the Planning Board
Engineer and must be based upon prevailing wages. This estimate and
the corresponding improvement inspection fee shall be submitted to
the Planning Board as a condition of final approval.
E.
Applicant to attend Planning Board meeting. The subdivider
or his representative shall be prepared to attend the regular meeting
of the Planning Board to discuss the final plat submission and any
modifications to the approved preliminary plat. Failure of the applicant
or duly authorized representatives to attend the meeting shall result
in the application being removed from the agenda and an automatic
waiver of time frames for decision in this chapter. The applicant
may attend workshop meetings to help clarify issues raised by the
Planning Board.
F.
Approval of final plat. Upon a resolution granting
conditional approval, with or without modification, approval or disapproval
of the final plat, the Planning Board shall, within five days of such
resolution, file a copy with the Town Clerk and a copy of the resolution
shall be mailed by certified mail to the applicant. This copy shall
include a statement of requirements which, when completed, will authorize
the signing of the conditionally approved site plan.
G.
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 approval
by such Board of the development of a plat or plats already filed
in the Orange County Clerk’s office or register of the county
in which such plat or plats are located if such plats are entirely
or partially undeveloped; or the certificate of the Town Clerk as
to the date of 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 from the date of such approval, or from the
date such certificate 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 event that the owner shall file only
a section of such approved plat in the office of the County Clerk,
the entire approved plat shall be filed within 30 days of the filing
of such section with the Town Clerk in each town in which any portion
of the land described in the plat is situated.
H.
The time in which the Planning Board must take action
on such plat may be extended by mutual written consent of the applicant
and the Planning Board. In the event that the Planning Board fails
to take action on a final plat within the time prescribed, the plat
shall be deemed approved, and certification as to the date of submission
and the failure to take action within such prescribed time shall be
issued on demand by the Town Clerk and shall be sufficient in lieu
of written endorsement or other evidence of approval herein required.
Final plat approval shall be deemed conditional
when public or private improvements are required; and final approval
with authorization for the signing of the final plant shall not be
granted until the subdivider has complied with the following provisions:
A.
Furnishing of performance bond or other security.
As an alternative to the installation of infrastructure and improvements,
and prior to Planning Board approval, a performance bond or other
security sufficient to cover the full cost of the same as approved
by the Planning Board shall be furnished to the Town by the applicant.
B.
Security where plat approved in sections. In the event
that the owner shall be authorized to file the approved plat in sections,
approval of the plat may be granted upon the installation of the required
improvements in the section of the plat to be filed or upon the furnishing
of security covering the costs of such improvements. The applicant
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 then the required improvements have been installed
in such section or a security covering the cost of such improvements
is provided.
C.
Forms of security.
(1)
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 of such security, and shall be limited to one or a combination
of the following and shall have a value at least equal to the full
cost of such improvements:
(2)
If not delivered to the Town, such security shall
be held in a Town account at a bank or trust company.
D.
Terms of security agreement. Any such performance
bond or security agreement shall run for a term to be fixed by the
Planning Board, but in no case for a term longer than three years;
provided, however, that the term of such performance bond or security
agreement may be extended by the Planning Board with consent of the
parties thereto. If the Planning 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 Planning Board in sufficient amount to
warrant reduction in the amount of said security, and upon approval
by the Town Board, the Planning 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. Reductions in the amount of securities
can be approved only by the Town Board based upon the Town Engineer’s
concurrence, in writing, that the portion of work in question has
been completed.
E.
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 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.
F.
Notice to County Planning Department. The Planning
Board shall refer all applicable final plats which are not in substantial
conformity with the preliminary plat to the Orange County Planning
Department for its review and comment pursuant to the agreement between
such agencies.
G.
The appropriate inspection fee must be provided in
a Town escrow account prior to any issuance of a building permit or
prior to any on-site construction.
Prior to granting final approval or conditional
approval of a plat in final form, the Planning Board may permit the
plat to be divided and developed into two or more sections and may,
in its resolution granting conditional approval or final approval,
state such requirements as it deems necessary to ensure that the orderly
development of the subdivision to be completed before said sections
may be signed by the duly authorized officer of the Planning Board.
Conditional approval or final approval of the sections of a final
plat, subject to any conditions imposed by the Board, shall be granted
concurrently with conditional or final approval of the plat. Any section
shall encompass at least 10% of the total number of lots shown on
the plat. Such approval shall expire three years from the filing of
the first section of said plat.
A.
Conditional approval of a final plat shall expire
within 180 days after the date of filing of the resolution granting
conditional approval unless all such conditions have been certified
as completed. The Planning Board may extend the time in which a conditionally
approved plat in final form must be submitted for signature if such
extension is warranted by the particular circumstances thereof. The
applicant must submit written application for an extension to the
Planning Board prior to the time the approval expires.
[Amended 4-5-2017 by L.L.
No. 4-2017]
B.
Upon receipt of notification form the Planning Board
Engineer, Planning Board Attorney or other Town officials and consultants
that all conditions have been completed in accordance with the aforementioned
requirements, the authorized official of the Planning Board shall
sign the final plat as approved by the Board. Such approval in no
way indicates acceptance of the subdivision improvements for public
dedication.
The subdivider shall file all necessary copies
of the certified plat in the Orange County Clerk’s office and
obtain the county map file number within 62 days of signature by the
Planning Board. Consistent with county requirements, all drawings
should be of the size dimension acceptable to the Orange County Clerk’s
office.
