[Amended 7-14-2020 by L.L. No. 2-2020]
A. 
Whenever any subdivision 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/her duly authorized agent shall apply, in writing, for approval of such proposed subdivision in accordance with the following procedures.
B. 
Property merger applications shall be made to the Assessor rather than to the Planning Board. Upon confirming that all property taxes have been paid in full on the lots being merged, that all required application information has been received and that any applicable fees have been paid, the Assessor shall submit a merger request form to the Saratoga County Real Property Tax Service requesting that the parcels be merged into one tax parcel.
A. 
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Planning Board by the first of the month 10 copies of a sketch plan of the proposed subdivision which shall comply with the requirements of Article VI, § 100-25, for the purpose of classification and preliminary discussion.
[Amended 6-13-2000 by L.L. No. 1-2000]
B. 
Discussion of requirements and classification.
(1) 
The subdivider or his/her duly authorized agent shall attend the meeting of the Planning Board to discuss the requirements of these regulations for street improvements, drainage, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information.
(2) 
Classification of the sketch plan as a minor or major subdivision is to be made at this time by the Planning Board. The Planning Board may require, however, when it deems it necessary for the protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements of a major subdivision. As a minor subdivision, the subdivider shall then comply as a minimum with, but not limited to, the procedures outlined in Article III, §§ 100-5 and 100-6, of these regulations. As a major subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ 100-7 through 100-11.
(3) 
The Planning Board may waive any and all procedures outlined in §§ 100-5 and 100-6 of Article III for an application for a lot line adjustment or minor subdivision of a single parcel that is divided by a street or highway as long as It meets all zoning requirements.
[Added 7-8-1997 by L.L. No. 5-1997; amended 6-13-2000 by L.L. No. 1-2000]
C. 
Study of sketch plan. The Planning Board shall determine whether the sketch plan meets the purposes of these regulations and shall, where it deems necessary, make specific recommendations, in writing, to be incorporated by the applicant in the next submission to the Planning Board.
D. 
SEQR process. The SEQR process should also be initiated at this time. The developer should be prepared to submit the appropriate completed SEQR form for Planning Board review.
A. 
Application. Within six months after classification of the sketch plan as a minor subdivision, the subdivider shall apply for approval of a subdivision plan. Failure to do so shall require resubmission of the application and fees for the sketch plan to the Planning Board for reclassification. The plat shall conform to the sketch plan, plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in Article VI, § 100-26. All applications for plat approval for minor subdivisions shall be accompanied by the fees as specified in Article VIII, §§ 100-31 and 100-32.
[Amended 6-13-2000 by L.L. No. 1-2000]
B. 
Number of copies. Ten copies of the subdivision plat shall be presented to the Secretary of the Planning Board by the first of the month.
[Amended 6-13-2000 by L.L. No. 1-2000]
C. 
Subdivider to attend Planning Board meeting. The Subdivider or his/her 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 plat shall be considered the date the application, accompanied by the required fees and all data required by Article VI, § 100-26, of these regulations, has been filed with the Secretary of the Planning Board.
A. 
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.
B. 
Receipt of a complete minor subdivision plat. A minor subdivision 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 minor subdivision plat shall begin upon filing of such negative declaration or such notice of completion.
C. 
Planning Board as lead agency under the State Environmental Quality Review Act; public hearing; notice; decision.
(1) 
Public hearing on minor subdivision plats. The time within which the Planning Board shall hold a public hearing on the minor subdivision plat shall be coordinated with any hearings the Planning Board may schedule pursuant to the State Environmental Quality Review Act, as follows:
(a) 
If the Planning Board determines that the preparation of an environmental impact statement on the minor subdivision plat is not required, the public hearing on such plat shall be held within 62 days after the receipt of a complete minor subdivision plat by the secretary of the Planning Board; or
(b) 
If the Planning Board determines that an environmental impact statement is required and a public hearing on the draft environmental statement is held, the public hearing on the minor subdivision 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 minor subdivision plat shall be held within 62 days of filing the notice of completion.
(2) 
Public hearing; notice; length. The hearing on the minor subdivision 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 the minor subdivision plat. The hearing on the minor subdivision 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 minor subdivision plat as follows:
(a) 
If the Planning Board determines that the preparation of an environmental impact statement on the minor subdivision plat is not required, such Planning Board shall make its 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 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 hearing on the minor subdivision 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 minor subdivision plat.
(4) 
Grounds for decision. The grounds for modification, if any, or the grounds for disapproval shall be stated upon the record of the Planning Board. When so approving a minor subdivision plat, the Planning Board shall state, in writing, any modifications it deems necessary for final approval of the plat.
D. 
Planning Board not as lead agency under the State Environmental Quality Review Act; public hearing; decision.
(1) 
Public hearing on minor subdivision plats. The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the minor subdivision plat jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement, the Planning Board shall hold the public hearing on the minor subdivision plat within 62 days after the receipt of a complete minor subdivision plat by the Secretary of the Planning Board.
(2) 
Public hearing; notice; length. The hearing on the minor subdivision 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 environment 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 minor subdivision plat. The hearing on the minor subdivision 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 minor subdivision plat within 62 days after the close of the public hearing on such preliminary plat.
(4) 
Grounds for decision. The grounds for modification, if any, or the grounds for disapproval shall be stated upon the record of the Planning Board. When so approving a minor subdivision plat, the Planning Board shall state, in writing, any modifications it deems necessary for final approval of the plat.
E. 
Certification and filing of minor subdivision plat. Within five business days from the date of the adoption of the resolution approving the minor subdivision plat, such plat shall be certified by the Chairman of the Planning Board as having been granted approval, and a copy of the plat and resolution shall be filed in the Secretary's office. A copy of the resolution shall be mailed to the owner.
[Amended 7-9-1996 by L.L. No. 1-1996]
F. 
Filing of decision on minor subdivision plat. Within five business days from the date of the adoption of the resolution approving the minor subdivision 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.
G. 
The subdivider shall, within 62 days of receiving such approval, file the minor subdivision plat in the office of the County Clerk. Failure to so file shall result in revocation of such approval.
A. 
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 VI, § 100-27, 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 VI, § 100-27, of these regulations, except where a written waiver may be authorized by the Planning Board.
[Amended 6-13-2000 by L.L. No. 1-2000]
B. 
Fees. The application for approval of the preliminary plat for a major subdivision shall be accompanied by an application fee as specified in Article VIII. In addition, the application shall include a signed agreement by the developer to pay the professional fees as specified in Article VIII, §§ 100-31 and 100-32.
C. 
Number of copies. Ten copies of the preliminary plat shall be presented to the Secretary of the Planning Board by the first business day of the month of the Planning Board meeting.
[Amended 6-13-2000 by L.L. No. 1-2000]
D. 
Subdivider to attend Planning Board meeting. The subdivider or his/her duly authorized agent shall attend the meeting of the Planning Board to discuss the preliminary plat.
E. 
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, environmental impact, the future development of adjoining lands and the requirements of the Comprehensive Plan, the Official Map and Chapter 115, Zoning, if such exist.
F. 
When officially submitted. The submission of the preliminary plat shall be considered the date the application, accompanied by the required fees and all data required by Article IV, § 100-18, of these regulations, has been filed with the Secretary of the Planning Board.
A. 
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.
B. 
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. Within six months after the classification of the sketch plan as a major subdivision, the subdivider shall apply for approval of a subdivision plan. Failure to do so shall require resubmission of the application and fees for the sketch plan to the Planning Board for reclassification.
[Amended 6-13-2000 by L.L. No. 1-2000]
C. 
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 the Planning 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
(b) 
If the Planning Board determines that an environmental impact statement is required and a public hearing on the draft environmental 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 hearings 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 the 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 Planning Board shall make its 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 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 hearing on the preliminary plat. Within 30 days of the filing of such final environmental impact statements, 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 record 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.
D. 
Planning Board not as lead agency under the State Environmental Quality Review Act; public hearing; decision.
(1) 
Public hearing on preliminary plat. 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, 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 Secretary 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 within 62 days after the close of the public hearing on such preliminary plat.
(4) 
Grounds for decision. The grounds for modification, if any, or the grounds for disapproval shall be stated upon the record 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. 
Certification and filing of preliminary plat. Within five business days from the date of the adoption of the resolution approving the 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 the Secretary's office. A copy of the resolution shall be mailed to the owner.
F. 
Filing of decision on preliminary plat. Within five business days from the date of the adoption of the resolution approving 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.
G. 
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.
H. 
Default approval of preliminary plat. The time periods described herein within which a Planning Board must take action on a preliminary 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 the Planning Board fails to take action on a preliminary plat within the time prescribed therefore or within such extended period, the preliminary plat shall be deemed as having been granted approval, unless the lack of action by the Planning Board is the result of the applicant failing to provide the necessary information to the Planning Board. The certification of the Town Clerk as to the date of submission of the preliminary plat and the failure of the Planning Board to take action shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval.
[Amended 6-13-2000 by L.L. No. 1-2000]
A. 
The subdivider shall, within six months after the approval of the preliminary plat, file with the Planning Board an application and fees for approval of the subdivision plat in final form. This application shall be made on the official form available from the Secretary of the Planning Board. All applications for plat approval for major subdivisions shall be accompanied by the appropriate fees and agreements as specified in Article VIII, §§ 100-31 and 100-32. If the final plat is not submitted within six months after approval of the preliminary plat, the application will be considered withdrawn and the Planning Board will require resubmission of the preliminary plat.
[Amended 6-13-2000 by L.L. No. 1-2000]
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 Planning Board with a copy of the application and 10 copies of the plat. The subdivider shall submit the original and one true copy of all offers of cession, covenants and agreements and four prints of all construction drawings at least 10 days in advance of the regular meeting of the Planning Board.
[Amended 6-13-2000 by L.L. No. 1-2000]
C. 
When officially submitted. The submission of the subdivision plat shall be considered the date that the application, accompanied by the required fee and all data required by Article VI, § 100-28, of these regulations, 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 State Department of Health and the Department of Environmental Conservation. Applications 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 State Department of Health and the Department of Environmental Conservation shall be secured by the subdivider before official signing of the subdivision plat.
A. 
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 §§ 100-5 through 100-8 above, 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.
B. 
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 the preliminary plat approved pursuant to §§ 100-5 through 100-8 above, 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 the final plat shall be coordinated with any hearings the Planning Board may schedule pursuant to the State Environmental Quality Review Acts, as follows:
[1] 
If the Planning 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 shall be held within 62 days after the receipt of a complete final plat by the Secretary of the Planning Board; or
[2] 
If the Planning Board determines that an environmental impact statement is required and a public hearing on the draft environmental 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 of filing 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 the 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 the Planning 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
[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. 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 hearing on the final plat. Within 30 days of the filing of the final environmental impact statement, the Planning Board shall issue findings on the final environmental impact statement and by resolution conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat.
[3] 
Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the record of the Planning Board.
(2) 
Planning Board not as lead agency; public hearing; 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, 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 Secretary 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 within 62 days after the close of the public hearing on such final plat. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the record of the Planning Board.
C. 
Approval and certification of final plats. Within five business days from the date 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 the plat and resolution shall be filed in the 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 the Chairman of the Planning Board, and a copy of such signed plat shall be filed in the office of the Town Clerk.
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 such requirements as it deems necessary to ensure the orderly development of the plat be completed before said sections may be signed by the Chairman 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. 
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 final plat. The time periods described herein within which a Planning Board must take action on 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 the Planning Board fails to take action on a final plat within the time prescribed therefore or within such extended period, the final plat shall be deemed as having been granted final approval. 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 shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval.
G. 
Work may not start. No improvements shall be made to the parcel prior to the final approval of the plat by the Planning Board. Exceptions may be granted by the Planning Board to satisfy conditions as set forth in a conditional approval.
H. 
Sunset provision. If any approved major subdivision is not completed within three years of the date of final approval by the Planning Board, approval for the project or any uncompleted portions or sections of the project shall expire, and any further development of the project will require application and approval under the subdivision regulations then in effect. An extension of up to two years may be granted by the Planning Board when accompanied by appropriate security as determined by the Planning Board.
Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth as follows: In an amount set by the Planning Board, the subdivider shall file with the Town Clerk a certified check to cover the full cost of the required improvements, a performance bond to cover the full cost of the required improvements or an irrevocable letter of credit to cover the full cost of the required improvements. Any such bond or letter of credit shall comply with the requirements of § 277 of the New York State Town Law and shall be satisfactory to the Town Attorney and the Town Engineer as to form, sufficiency, manner of execution and surety. A period of one year (or such other period as the Planning Board may determine appropriate not to exceed three years) shall be set forth in the bond or letter of credit within which required improvements must be completed. At the request of the subdivider, at six-month intervals the project may be reviewed by the Planning Board and the Town Engineer. Security may be reduced by up to 80% of the value of the satisfactorily completed improvement, as determined by the Town Engineer. The form of the bond or letter of credit must be structured to preclude release without written consent of the Planning Board.
A. 
Modification of design improvements. If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the Town Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town Engineer may, upon approval of the Chairman of the Planning Board, authorize modifications. These modifications must be within the spirit and intent of the Planning Board's approval and do not extend to the waiver or substantial alteration of the function of any improvement required by the Planning Board. The Town Engineer shall issue any authorization under this section, in writing, and shall transmit a copy of such authorization to the Planning Board at its next regular meeting.
B. 
Inspection of improvements. At least five days prior to commencing construction of required improvements, the subdivider shall notify the Town Engineer, in writing, of his/her proposed date to start construction. The Town Engineer shall cause inspection to be made to assure that all specifications and requirements shall be met during the construction of the required improvements and to assure the satisfactory completion of improvements and utilities required by the Planning Board. The Town Engineer has the authority to issue stop-work orders when in his/her sole discretion he deems it necessary.
C. 
Proper installation of improvements. The Town Engineer shall inspect the improvements performed 30 days before the expiration date of the performance bond. If any of the required improvements have not been constructed in accordance with plans and specifications, he shall so report to the Town Board, Zoning Administrator and Planning Board, and he shall direct the subdivider to correct the work to conform with the plans and specifications. If necessary, the Town Board shall take steps to preserve the town's rights under the bond.
A. 
Approval for filing and final approval. The subdivider shall, within 62 days of receiving final approval by the Planning Board, file the plat with the office of the County Clerk.
B. 
Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made in any subdivision plat after final approval has been given by the Planning Board and endorsed, in writing, on the plat. In the event that any such subdivision plat is recorded without complying with this requirement, the Planning Board shall disapprove the plat and institute proceedings to have the plat stricken from the records of the County Clerk.
C. 
Failure to file. Failure by the subdivider to meet conditions in Subsection A above shall result in disapproval of the plat.
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.
B. 
Ownership and maintenance of recreation areas. When a park, playground or other recreation area shall have been shown on a plat, 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.