The Planning Board shall give final approval
to a plat before completion of improvements only if their installation
is assured through an approved irrevocable letter of credit. No certificates
of occupancy shall be issued until road binder and necessary utilities
are installed.
The applicant shall develop his or her proposed
plat and present it for final action by the Planning Board in the
following consecutive steps:
The Planning Board may meet informally with
the applicant to discuss the proposed subdivision and make available
to him or her its knowledge of development activities and requirements.
A written request for such informal meeting shall be filed with the
Building Inspector. The applicant shall receive at least five days
advance notice of the time and place of the informal meeting, which
shall take place not later than 30 days after filing of the request.
The applicant shall present sketch plans at such informal meeting,
which shall roughly indicate contours, street and lot locations and
future development of the total surrounding area owned or controlled
by the applicant. The applicant shall also show existing utilities,
the sizes and slopes and points of discharge.
A.
Submission of preliminary plats. The applicant shall
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 chapter.
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, as amended or changed, and its implementing
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
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, 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.
(b)
If the Planning 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.
(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
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.
(3)
Decision. The Planning Board shall approve, with or
without modification, 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 decision within 62 days after
the close of the public hearing.
(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 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 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.
(4)
Grounds for decision. The grounds for 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.
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. 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
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 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 resolution shall be filed in such Clerk's
office. A copy of the resolution shall also be mailed to the owner.
G.
Filing of decision on preliminary plat. Within five
business days from the date of the adoption of the resolution approving
the preliminary plat, the Chair 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.
A.
Submission of final plats. Final plats shall conform
to the definition provided by this chapter.
B.
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.
C.
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 State Environmental
Quality Review Act. The time periods for review of such plat shall
begin upon filing of such negative declaration or such notice of completion.
D.
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:
(1)
Planning Board as lead agency; public hearing; notice;
decision.
(a)
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:
[1]
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.
[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 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.
(b)
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.
(c)
Decision. The Planning Board shall make its
decision on the final plat as follows:
[1]
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.
[2]
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.
(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.
(2)
Planning Board not as lead agency; public hearing;
notice; decision.
(a)
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.
(b)
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.
(c)
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:
[1]
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.
[2]
If 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 30 days of 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.
E.
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 Clerk 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 Clerk's
office. A copy of the resolution shall be mailed to the applicant.
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 with the Town
Clerk.
(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.
F.
Default approval of preliminary or final plat. The
time periods prescribed herein within which a Planning Board must
take action on a preliminary plat or a final plat are specifically
intended to provide the Planning Board and the public adequate time
for review and to minimize delays in the processing of subdivision
applications. Such periods may be extended only by mutual consent
of the owner and the Planning Board. In the event that a Planning
Board fails to take action on a preliminary plat or a final plat within
the time prescribed therefor after completion of all requirements
under the State Environmental Quality Review Act, or within such extended
period as may have been established by the mutual consent of the owner
and the Planning Board, such preliminary or final plat shall be deemed
granted approval. The certificate of the Town Clerk as to the date
of submission of the preliminary or final plat and the failure of
the Planning Board to take action within the prescribed time shall
be issued on demand and shall be sufficient in lieu of written endorsement
or other evidence of approval herein required.
G.
Filing of decision on final plat. Within five business
days from the date of the adoption of the resolution approving the
final plat, the Chair 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.
Filing of final plat; expiration of approval.
(1)
The applicant shall file in the office of the County
Clerk or register such approved final plat or a section of such plat
within 62 days from the date of final approval or such approval shall
expire. The following shall constitute final approval:
(a)
The signature of the duly authorized officer
of the Planning Board constituting final approval by the Planning
Board of a plat as herein provided;
(b)
The approval by such Board of the development
of a plat or plats already filed in the office of the County Clerk
or register of the county in which such plat or plats are located,
if such plats are entirely or partially undeveloped; or
(c)
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.
(2)
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 in each town in which any portion
of the land described in the plat is situated. Such section shall
encompass at least 10% of the total number of lots contained in the
approved plat and the approval of the remaining sections of the approved
plat shall expire unless said sections are filed before the expiration
of the exemption period to which such plat is entitled under the provisions
of Subdivision 2 of § 265-a of the Town Law, as amended
or changed.
A.
Any letter of credit furnished in lieu of the installation
of the required improvements shall be in the amount fixed by the resolution
of the Town Board; shall be secured by such deposit of applicant or
issued by such bonding or banking institution, as shall be approved
by the Town Board; and shall be approved by the Town Board and the
Town Attorney as to form, sufficiency and manner of execution. The
letter of credit shall assure the complete installation of the required
improvements within such period, as shall be fixed by the Planning
Board. The Planning Board, with the consent of all parties to the
letter of credit, may extend such period upon written application
of the applicant filed with the Town Clerk prior to the expiration
of such period or upon its own motion at any time prior to a declaration
of a default in the letter of credit by the Planning Board.
B.
The Planning Board may modify its requirements with
the approval of the Town Board and upon findings either that the extent
of building development that has taken place in the subdivision is
substantially completed or the subdivision development has been reduced
after approval by the Planning Board so as to warrant reduction in
the face amount of the bond.
C.
Except as provided in the preceding subsection, the
letter of credit shall be released only upon complete installation
of the required improvements, the submission of the certified record,
(as-built) drawings, as required herein, and a certificate from the
applicant's engineer that the completed works are in substantial conformance
with the approved plans.
D.
If the required improvements are not completely installed
within the period fixed or extended by the Town Board, the Town Board
may declare the letter of credit in default and collect the amount
payable thereunder. Upon receipt of such amount, the town shall install
such improvements as are covered by the letter of credit and are commensurate
with the extent of building development that has taken place in the
subdivision, but exceeding in cost, the amount of such proceeds.
The applicant shall tender offers of cession
in a form certified as satisfactory by the Town Attorney of all land
included in streets, highways or parks not specifically reserved by
him, but approval of the plan by the Planning Board shall not constitute
an acceptance by the town of the dedication of any street, highway,
park or other public open space.
A.
Between the interval of approval of the preliminary
plat and approval of the final plat, the applicant shall petition
the Town Board for the creation of the following districts or extensions
thereto when required:
B.
In order to preserve the continuity and format of
the application of the districts to the various governing authorities,
the applicant's engineer and attorney shall prepare the necessary
documents and maps, and the Town Clerk shall be responsible for publication
and filing requirements.
The installations, improvements and development
of any subdivision shall be subject to inspection at all stages by
representatives of the Planning Board, and for such purpose, free
access shall be accorded and requested information shall be promptly
submitted.
