A. 
Whenever a time limit is specified in these regulations, the Board may extend the limit upon request by the owner, provided that the Board is legally empowered to do so.
B. 
When any subdivision of land is proposed to be made within the unincorporated sections of the town and before any contract for the sale of or any offer to sell such subdivided land or any part thereof is made and before any construction is begun and before any building permit shall be granted, the owner shall submit his subdivision for review by the Planning Board.
C. 
Four steps are prescribed for the subdivision review process. The entire process is described in this article and the detailed requirements of each step are described in Articles III, IV, V and VI.
[Amended 4-6-1998 by L.L. No. 2-1998]
A. 
The purpose of this step is to determine feasibility of the project before the owner has invested a substantial amount of money. The owner shall present such information as the Board may require. The Board will inform the owner of general subdivision requirements as well as particular requirements for the subdivision under review as dictated by the Master Plan, Official Map or other considerations.
B. 
At this time, a concept plan, including a general vicinity plan, shall be presented outlining all preconstruction activities as defined herein, including any soil conservation measures deemed appropriate by the Planning Board. For a soil conservation plan, a bond or letter of credit shall be established to ensure compliance with said soil conservation measures. The bond or letter of credit shall be approved by the Director of Planning as recommended by the Town Engineer.
A. 
The owner shall present a preliminary submission at a Planning Board meeting. The date of the preliminary submission shall be the date of the meeting at which it is presented.
B. 
A field walk by the Board with the owner may be required.
C. 
The Board shall hold a public hearing on the proposed subdivision within 45 days of the date of the preliminary submission. Notice of such public hearing shall be advertised in a newspaper of general circulation in the town at least five days before such hearing.
D. 
The Board shall communicate to the owner, in writing, within 62 days after the public hearing its decision concerning the preliminary submission.
[Amended 4-6-1998 by L.L. No. 2-1998]
(1) 
If the preliminary submission is approved, the Board shall express its approval as conditional approval and state specific modifications, if any, which shall be required in the final submission. If modifications are required, the reasons therefor shall be given.
(2) 
If the preliminary submission is disapproved, the Board will state the reasons for its disapproval.
E. 
The action of the Board shall be noted by resolution, to which shall be attached reference statements of any conditions and requirements determined by the Board.
[Amended 4-6-1998 by L.L. No. 2-1998]
F. 
If the preliminary submission is disapproved, resubmissions may be made within six months of the date of disapproval with no additional fee required. A resubmission made after six months from the date of disapproval may be treated like a new submission and require a new preliminary review and fee.
A. 
If the preliminary submission is approved, the owner, within six months of the date of conditional approval, shall present a final submission at a Planning Board meeting.
B. 
In the event that a final submission of the entire subdivision or part of it is not made within six months from the date of conditional approval, the application may be considered withdrawn and any conditional approval or waivers of required improvements by the Board may be considered lapsed.
C. 
The date of the final submission shall be the date of the meeting at which it is presented.
D. 
The final submission shall conform to the approved preliminary submission and shall contain any modifications specified by the Board. If desired by the owner, it may include only that portion of the approved preliminary plat which he proposed to record and develop at that time, provided that such portion conforms to all requirements of these regulations.
E. 
The owner shall submit an estimate of construction cost for the purpose of establishing a letter of credit or performance bond at the time of final submission to cover the full cost of all required improvements. Required improvements are those public utilities and roads necessary for occupation of the subdivision. The actual letter of credit or performance bond must be in place prior to the issuance of any building permit in said subdivision. The amount of the letter of credit or performance bond shall be determined by a construction cost estimate prepared by the owner and approved by the town or its authorized representative. The town's authorized representative shall be the Director of Planning.
F. 
The Board, if it deems appropriate, shall hold a public hearing on the proposed subdivision within 45 days of the date of the final submission. Notice of such public hearing shall be advertised in a newspaper of general circulation in the town at least five days before such hearing (NOTE: Revised Addenda No. 2, adopted March 1980).
[Amended 4-6-1998 by L.L. No. 2-1998]
G. 
Within 62 days from the final submission, the Board shall approve, modify and approve, grant conditional approval or disapprove the final submission and communicate its decision to the owner, in writing, by resolution.
[Amended 4-6-1998 by L.L. No. 2-1998]
H. 
Under certain conditions, the Board may waive this second hearing (§ 276 of the Town Law). In the event the hearing is waived, Board action shall be within 45 days of submission.
I. 
If the final submission is approved by the Board, an appropriate notation to that effect shall be made on the face of the original or tracing cloth prints of the final plat submitted to the Board. One copy shall be returned to the owner, and one copy shall be retained by the Board for its records.
J. 
The owner may obtain building permits and begin building construction only after filing of the final plat.
K. 
If the final submission is disapproved, resubmissions may be made within six months of the date of disapproval with no additional fee required. A resubmission made after six months from the date of disapproval may be treated like a new submission and require a final review and fee.
A. 
Upon approval of the final submission and after construction of utilities is substantially completed, the owner shall construct the street pavement binder course in accordance with the final approval and the subdivision regulations. The owner shall not install the street pavement wearing course unless so authorized by the Town Highway Superintendent. Minor changes from the development map and plan/profiles as required by conditions of the work site may be allowed in the actual construction.
B. 
Upon completion of construction, a final inspection shall be held by the town. When construction has been approved, final plats and plan/profiles shall be corrected by the owner to show all construction as-built. The letter of credit or performance bond may be reduced by the town as construction progresses. It shall not be reduced to less than the amount determined for that construction which is still uncompleted, plus 20% of the amount determined for that construction which is completed and approved. The one-year maintenance bond shall be kept in effect for one year after road acceptance. If items listed in the final punch list are not satisfactorily completed by that time, however, the town shall require that the letter of credit be extended until such time as the items are complete. The bond shall then be released, provided that the owner has prepared as-built plans. The town's authorized agent to execute such release shall be the Director of Planning.
C. 
Exception. In the review of a subdivision which includes no new roads and includes no more than four new lots, and or all of the steps except final review may be waived by the Board. The Board may also waive any of the requirements of the final review which are not required for legality.