[Adopted 7-9-1990 by L.L. No. 2-1990]
As used in this article, the following terms
shall have the meanings indicated:
A portion of land of an approved preliminary subdivision
plat which is to be developed at a different time from other portions
of the land shown on the preliminary plat, which development, however,
is planned and constructed as an integrated part of the entire subdivision.
The Planning Board shall grant final subdivision
approval in sections pursuant to the following procedure:
A.
The subdivision applicant shall make written application
to the Planning Board to section an approved preliminary subdivision
plat prior to submission of the final plat for final subdivision approval.
B.
The applicant shall meet with the Planning Board at
a regular meeting to receive the Board's determination as to the designation
and location of each proposed section. The division lines between
sections shall be established pursuant to the Planning Board's determination
that, if the later sections of the subdivision plat are never developed,
the section(s) which receive final approval can stand alone and comply
with all laws and regulations as if such section(s) were the only
land shown on the subdivision plat to be developed. The Planning Board
may impose requirements, which requirements shall be shown or noted
on the final plat, to assure compliance herewith.
C.
The applicant shall then submit the final plat clearly
designating thereon each section and designating further the section(s)
for which the applicant seeks final approval. Upon determination by
the Planning Board that all other provisions of law and regulation
have been complied with, including the posting of a performance bond
for all sections for which the applicant seeks final approval, the
Planning Board shall grant final approval to all such sections.
D.
The applicant may at its option seek final approval
for one or more sections at a time. Each section not granted final
approval shall be granted conditional final approval, the sole condition
of final approval being the posting of the performance bond.
E.
All use and area regulations of the Zoning Law which
pertain to the subdivision plat in effect at the time conditional
final approval is granted shall be placed as a note on the final subdivision
plat.
F.
The applicant may receive final approval for any section which has received conditional final approval, subject to the expiration period set forth below, by posting a performance bond in an amount determined by the Town Board in the form of cash or irrevocable letter of credit. The amount of the bond shall be sufficient to cover the full cost of public improvements and of any other improvements required by the Planning Board pursuant to Subsection B above, said amount to be established at the time the bond is posted.
G.
The Planning Board may require the posting of a maintenance bond, in an amount determined by the Town Board, to assure continued compliance with any requirements imposed pursuant to Subsection B above, in addition to the maintenance bond generally required after completion of public improvements.
Public improvements may be constructed in a section which has received conditional final approval prior to the posting of the performance bond for that section. However, that section shall not be filed in the Orange County Clerk's office until the performance bond is posted for all improvements, including those required by the Planning Board pursuant to § 209-19B above. No public improvements to be dedicated shall be constructed unless the applicant has deposited sufficient funds to defray the expense of engineering inspection of the improvements. The Planning Board may, in appropriate cases, require the posting of cash or an irrevocable letter of credit to ensure the adequate implementation of erosion control measures.
A.
Conditional final approval. Conditional final approval of a section shall expire 180 days from the date of the Planning Board's resolution granting said approval; provided, however, that the Planning Board may extend said one-hundred-eighty-day period for no more than six additional period(s) of 90 days each if the Board determines in its discretion that particular circumstances warrant any such extension; and provided that written request for any such extension must have been received by the Clerk of the Planning Board while such original conditional approval or such extended conditional approval is in effect. The applicant shall within said period post the performance bond in the form of cash or irrevocable letter of credit. The conditionally approved section shall then be granted final approval by the Planning Board, signed by the Chairman, and filed in the Orange County Clerk's office in accordance with law. Upon filing of said section, each lot shown therein can be developed in accordance with the use and area requirements originally noted on the final subdivision plat, subject to the expiration of said final approval set forth in Subsection B below.
[Amended 4-8-1991 by L.L. No. 2-1991; 11-12-2013 by L.L. No.
5-2013]
B.
Final approval. Final approval of a section shall
expire three years after the section has been filed in the Orange
County Clerk's office. Upon the expiration of said three-year period,
each lot within said section shall be subject to the use and area
requirements of the Zoning Law in effect at that time. Lots which
do not comply with such requirements shall not thereafter be sold
or developed, except in accordance with the zoning law.
Upon the filing in the County Clerk's office of the first section of the final plat, each lot shown on the final plat conditionally approved pursuant to § 209-19 can be developed in accordance with the use and area requirements noted thereon, subject to the expiration of approvals set forth in § 209-21.
A.
Sectioning fees. The applicant shall pay an additional
fee in the amount of $120 per section other than the first section,
which amount shall be payable at the time of final approval of the
first section.
B.
Subdivision and inspection fees. All subdivision and
inspection fees, including sectioning fees, for all sections shall
be paid at the time of final approval of the first section. In the
event that such fees are changed prior to final approval of a subsequent
section, such increase or reduction, as the case may be, shall be
paid by or returned to the applicant at the time of final approval
of each subsequent section.
C.
Amount of fees. All fees shall be established and
amended from time to time by resolution of the Town Board.
A.
This article and the procedures herein are intended
to apply only where the applicant seeks final subdivision approval
in sections. This article is intended to complement and be applied
in accordance with the Town of Blooming Grove Subdivision Regulations.
However, any provision of the Subdivision Regulations which is determined
by the Planning Board to be inconsistent herewith shall be superseded
by this article.
B.
This article expressly supersedes § 265-a
of the Town Law and expressly supersedes provisions of § 276
which are inconsistent herewith.
