Town of Chester, NY Article III Subdivision Application Procedure

§ 83-6 Compliance with applicable laws and regulations required.

A. Full compliance with the provisions of Article 16 of the Town Law, with applicable provisions of the Public Health Law and with the subdivision regulations concerning the preparation of a subdivider's sketch plan, preliminary plat, vicinity map and subdivision plat, except where variations of these regulations may be expressly authorized by the Planning Board, is necessary for the information of the Board and of the public at public hearing(s) as provided in this article. Due care in the preparation of the maps and other information called for will expedite the process of obtaining the Board's decision concerning the formal subdivision plat.

B. SEQRA compliance. All applications for subdivision approval are required to comply with 6 NYCRR Part 617, the State Environmental Quality Review Act (SEQRA). Under Section 617.5(b) of 6 NYCRR, a lot line change is hereby deemed to be a Type II action under SEQRA for purposes of these regulations.

(1) Applications for minor subdivisions or resubdivisions shall be accompanied by a short environmental assessment form or EAF. Based on the nature of the site and upon review of the application and plans, the Planning Board may require submissions of a full EAF or long form.

(2) As early in the review process as possible, and upon receipt of all required information and fees, the Planning Board shall begin the SEQRA review process. If other approval agencies are involved, lead agency approval should begin within a month of a full submission.

(3) A determination of significance should be made prior to scheduling a public hearing. Should the Planning Board be uncertain as to all environmental issues, it may schedule a hearing and obtain public input but cannot make a decision on the action until a negative declaration or findings statement has been adopted.

C. All outside agencies required to grant an approval of the project must be notified by the Planning Board or applicant, as may be most appropriate, prior to any approval.

D. General Planning Board procedures. The current procedures of the Town of Chester Planning Board are described below and may change from time to time by resolution of the Planning Board. Such changes will be made available immediately upon change and resolution filed with the Town Clerk. The new procedure will accompany the application package provided to all new applicants.

(1) The monthly meeting is the first Wednesday of each month at 7:30 p.m. with Board members, Attorney, Engineer, Secretary and applicants and/or applicant's representative(s) present. Business is limited to 10 items at a meeting. Business conducted includes:

(a) Formal appearances of new/first-time applications or projects before the Board as previously scheduled with the Chairman and as outlined in the meeting agenda.

(b) Formal appearance of applications or projects before the Board that are responding to technical review and as were previously scheduled by the Board or by the Chairman and as outlined in the meeting agenda.

(c) All necessary administrative procedures such as public hearings, scoping sessions or anticipated SEQRA actions or approvals shall be noted in the minutes. Copies of minutes shall be available to Planning Board members at the monthly work session or within two weeks of the meeting for which they were taken.

(2) Deadline for new submissions. Applications may be obtained from and returned to the Town Clerk, Building Inspector or Planning Board offices. The deadline for a new submission or first-time applications will be at the end of the business day of the first Wednesday of each month. All such applications shall be in accordance with the administrative presubmission checklist. Board members and support services will pick up submitted application packages at the Board offices or at the meeting.

(3) Initial review of applications occurs during the period between the first and third Wednesdays of each month as Board members and consultants familiarize themselves with the content and scope of new applications or projects. The Attorney and Engineer, in collaboration with the Chairman or Secretary, evaluate the "completeness" of each application to verify receipt of administrative components. Technical reviews are made after formal submittals to the Planning Board or once the Board has determined that all material has been submitted and a formal appearance has been made at a Planning Board meeting.

(4) The monthly work session is the third Wednesday of each month at 7:30 p.m. with Board members, Secretary, Attorney, Engineer and applicant and/or applicant's representative present. This is an opportunity for the applicant and/or applicant's representative to become familiar with the Planning Board procedures and requirements. It is also an opportunity for Board members to obtain clarification of the concept, scope and intent of the project. At this time the Attorney and Engineer will convey to the applicant and/or applicant's representative whether or not the administrative presubmission checklist has been satisfied and whether or not the application will be referred to the Chairman for placement on the next available agenda. Therefore, it is beneficial for the applicant to be at this meeting to address any issues the representative is unable to address in order to expedite the application. Business conducted at this meeting shall also include minor issues such as architectural review, ridge overlay projects, and minor presubmissions. Copies of minutes shall be available two weeks after they were taken.

(5) The deadline for resubmissions is at the end of the business day prior to the monthly work session. All resubmitted applications responding to previous comments or more advanced technical data shall be submitted at this time with an original and 11 copies. Board members and support services will pick up copies at the Planning Board office or meeting.

(6) Referrals of new projects. Subsequent to the monthly work session, the Attorney and Engineer refer to the Chairman all new first-time applications or projects qualified for placement on the next available agenda. Resubmitted applications are also reviewed and referred to the Chairman for placement on the next available agenda.

(7) Agenda posting. The Agenda for the following month's regular and work session are posted by the Chairman on the Monday prior to the first Wednesday meeting of the month.

(8) Application content. The applications submitted for the first time shall contain the following forms with the necessary attachments:

(a) Administrative presubmission checklist.

(b) Application with notarized signature.

(c) Disclosure statement.

(d) Planning Board disclaimer.

(e) Presubmission checklist for preliminary site plan or preliminary or final minor subdivision or preliminary major subdivision.

(f) SEQRA short form for a two-lot minor subdivision or resubdivision.

(g) SEQRA full EAF for all other applications.

(h) A current aerial photo showing at least 500 feet around the property line to reference the surrounding community.

(i) Fees as required.

(j) Unless all the items above are submitted, the application will be deemed incomplete. If there is uncertainty about filling out a form completely, items should be left blank.

(9) Extra meetings. Additional meetings on the fourth Wednesday of a month may be scheduled as needed by the Chairman with due notice provided.

§ 83-7 Application for approval required.

When any subdivision of land is proposed to be made and to avoid violation of § 334 of the Real Property Law and § 136 of the Highway Law, before any contract for the sale of land or any offer to sell such subdivision or any part thereof is made, or any grading, clearing, construction or other improvement is undertaken therein, the subdivider or his duly authorized agent shall apply in writing for approval of such proposed subdivision in accordance with the following procedures.

§ 83-8 Sketch plan.

A. Submission of sketch plan. Any owner of land shall, prior to filing an application for subdivision or resubdivision of land, submit to the Secretary of the Planning Board, at least 14 days prior to the next scheduled meeting of the Planning Board, a completed application with EAF and required fee as specified in Article III, § 83-16, together with 11 copies of a sketch plan of the proposed subdivision which shall comply with the requirements of Article VI, § 83-28, for the purposes of classification and preliminary discussion, nine prints to the Planning Board Chairman and one print each to the Planning Board Engineer and the Building Inspector.

B. Discussion of requirements and classification.

(1) The subdivider or his duly authorized representative 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. Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor or major subdivision as defined in these regulations. The Board may require, however, when it deems it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in Article III, § 83-9, of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ 83-10, 83-11, 83-12, 83-13 and 83-14.

(2) The Planning Board may require a filed covenant be given to the Town and accompanied by a fee, limiting the resubdivision of any parcel of land large enough to be legally subdivided or resubdivided under the provisions of the Zoning Law.[1]

[1] Editor's Note: See Ch. 98; Zoning.

(3) Flag or rear lots shall only be allowed in the AR-.3 district on unsubdivided parcels. Only two such lots shall be allowed per parcel to be subdivided. Any lot in excess of five acres in said subdivision shall carry a deed restriction prohibiting further subdivision of flag lots on that lot.

(4) Conservation, recreation, utility or access easements required by the Planning Board or Town Board shall be shown on an approved plan and also filed in the office of the Orange County Clerk as a deed restriction in a form approved by the Town or Planning Board Attorney.

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 recommendation in writing to be incorporated by the applicant in the next submission to the Planning Board.

§ 83-9 Approval of minor subdivision.

A. Application and fee. Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a subdivision plat. Failure to do so shall require resubmission of the application, fees and sketch plan to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan, plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in Article VI, § 83-29.

B. Number of copies. Eleven copies of the subdivision plat shall be presented to the Secretary of the Planning Board at least two weeks prior to a scheduled monthly meeting of the Planning Board as described in § 83-6D.

C. Subdivider to attend Planning Board meeting. The subdivider or his 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 to be the date of the regular monthly meeting of the Planning Board. The application, accompanied by all data, shall be filed with the Secretary of the Planning Board at least two weeks prior to the regular meeting as described in § 83-6D.

E. Endorsement and referral. See items § 83-10E and F and address as described in these subsections.

F. Public hearing. A public hearing shall be held by the Planning Board on all plats submitted in final form within 62 days of their submission to the Planning Board. The hearing must be advertised at least once in a newspaper of general circulation in the Town at least 10 days prior to the hearing and by posting notice thereof by mail to the owners of property within 500 feet of the proposed subdivision, or a greater distance at the discretion of the Planning Board, and to any other person whom the Board may deem to be particularly affected. If such project is within 500 feet of an adjacent municipality, the Clerk of said municipality shall be notified at least 10 days prior to the hearing. Said advertisement shall be submitted to the Secretary of the Planning Board, and the notification of affected landowners shall be made by the applicant. Proof of such mailings and receipts for same shall be filed with the Planning Board prior to, or at the time of, said hearing and verified by the Planning Board Engineer. In the event that the five-hundred-foot requirement extends to properties beyond the Town boundary, the applicant shall acquire the names and addresses of said property owners from the latest assessment roll of the municipality in which said property is located and shall comply with the mailing requirements as set forth herein.

G. Action on subdivision plat. The Planning Board shall, within 62 days from the date of the public hearing, approve, conditionally approve with or without modification or disapprove the final plat. The Board shall specify in writing its reasons for any such disapproval. In the event that the hearing is not held within the sixty-two-day period prescribed by Subsection F above, or if the Board fails to disapprove the minor subdivision plat within the 62 days prescribed in this subsection, the plan shall be deemed approved.

H. Filing. Upon approval and payment of the filing fee, the final plat shall be properly signed by the duly authorized person or persons in a form suitable for filing by the applicant in the office of the County Clerk and shall be filed by the applicant in the office of the County Clerk within 62 days of the plans being signed.

§ 83-10 Preliminary plat for major subdivisions.

A. Application and fee. 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, § 83-30, 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, § 83-30, of these regulations, except where a waiver may be specifically authorized by the Planning Board. The filing fee for such application shall be as specified in Article III, § 83-16.

B. Number of copies. When officially submitted, the application for approval of the preliminary plat, complete with 11 copies of the preliminary plat and accompanied by the required fee and all data required by Article VI, § 83-30, of these regulations, shall be filed with the Secretary of the Planning Board at least two weeks prior to a regular monthly meeting of the Planning Board, as described in § 83-6D. A proposed submission which does not include all the required drawings and documents will not be accepted for filing.

C. Subdivider to attend Planning Board meeting. The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the preliminary plat. At the same time, if any waiver of the requirements of standards provided for in these regulations is necessary for plan approval, such waiver shall be requested.

D. 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 with regard to public health, safety and welfare. 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; the future development of adjoining lands as yet unsubdivided; and the requirements of the Master Plan, the Official Map and zoning regulations if such exist.[1]

[1] Editor's Note: See Ch. 98, Zoning.

E. Endorsement of state and county agencies. If the site borders a county or state road, copies of the preliminary submission shall be forwarded by the Planning Board to the Orange County Department of Public Works and/or by the applicant to the Regional Office of the New York State Department of Transportation in time for their comments to be returned and read into the minutes of the public hearing.

F. Referral.

(1) If the minor subdivision or preliminary plan for a major subdivision of land occurs within 500 feet of a town or village boundary, a copy of the preliminary plan or minor subdivision shall be sent by the Planning Board to the Town or Village Clerk of the adjoining community by registered mail, not less than 10 days prior to a public hearing, to determine whether the proposed subdivision is in reasonable harmony with its Master Plan or Comprehensive Plan. Any written comment will be considered if received prior to the public hearing.

(2) Sections 239-l and 239-n review by Orange County Planning Department.

(a) In accordance with §§ 239-l and 239-n of Article 12-B of the General Municipal Law, the following applications for approval of a subdivision and undeveloped plats shall be submitted to the Orange County Planning Department by the Planning Board with the Orange County Planning Department application form if the application applies to the real property within 500 feet of the following:

[1] The boundary of any village or town; or

[2] The boundary of any existing or proposed county or state park or other recreation area; or

[3] The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway; or

[4] The existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or

[5] The existing or proposed boundary or any county- or state-owned land on which a public building or institution is situated; or

[6] The boundary of a farm operation located in an agricultural district, as defined by Article 25-AA of the Agriculture and Markets Law.

(b) Such referral to the Orange County Planning Department shall be forwarded by the Planning Board not less than 30 days or thereabouts, prior to a hearing, so that the comments may be returned and read into the minutes of the public hearing.

(3) Any proposed subdivision within 500 feet of the Palisades Interstate Park Commission property shall be forwarded by the Planning Board to the PIPC office in Bear Mountain 30 days, or thereabouts, prior to the public hearing.

G. Preliminary public hearing. The Planning Board must hold a public hearing within 62 days after the receipt of such plat by the Secretary of the Planning Board. The hearing must be advertised at least once in the official Town-designated newspaper at least 10 days before it is held and by posting notice thereof by mail to the owners of property within 1,000 feet of the proposed subdivision who reside within any municipality and to any other persons whom the Board may deem to be particularly affected, said advertisement to be submitted by the Secretary of the Planning Board and the notification of affected landowners to be made by the applicant.

H. Approval of the preliminary plat.

(1) The Planning Board shall take action within 62 days after the hearing required on such plats to approve, with or without modifications, or disapprove the preliminary plat. This time may be extended upon mutual consent of the subdivider and the Planning Board.

(2) When rendering a decision on a preliminary plat, the Planning Board must state in writing the modifications, if any, it deems necessary for submission of the plat in final form with respect to:

(a) The specific changes which it will require in the preliminary plat.

(b) The character and extent of the required improvements for which waivers may have been requested and which, in its opinion, may be waived without jeopardy to the public health, safety, morals and general welfare.

(c) The categories of improvement or the categories of all bonds therefor which it will require as a prerequisite to the approval of the subdivision plat.

(3) The action of the Planning Board, plus any conditions attached thereto, shall be noted on three copies of the preliminary plat. One copy shall be returned to the subdivider, one retained by the Planning Board and one forwarded to the Town Board through the Town Clerk.

(4) Approval of a preliminary plat shall not constitute approval of the subdivision plat, but rather it shall be deemed an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations and the conditions of the approval of the preliminary plat, if any. Prior to approval of the subdivision plat, the Planning Board may require additional changes as a result of further study of the subdivision in final form or as a result of new information obtained at the public hearing.

(5) In the event the Planning Board fails to act on a preliminary plat within the time noted, the plat shall be deemed granted preliminary approval, and the certificate of the Town Clerk as to the date of submission and the failure of the Planning Board to act on the plat must be issued on demand, and this certificate is sufficient in lieu of any other evidence of approval of the preliminary plat.

I. Expiration of approval. Planning Board approval of a preliminary layout submission shall expire one year after the date of such formal action. The applicant may request a ninety-day extension of approval, and two such extensions may be granted by the Planning Board. No Planning Board action will be taken after such expiration until a new application and filing fee are submitted. A waiver for a reasonable period of time may be given in cases of hardship upon petition to the Planning Board.

§ 83-11 Final plat for major subdivision.

A. Application for approval and fee. The subdivider shall, within six months, or such extension period as may have been granted, after the approval of the preliminary plat, file with the Planning Board an application for approval of the subdivision plat in final form, using the approved application blank available from the Secretary of the Planning Board. If the final plat is not submitted within six months, or such extension period as may have been granted, after the approval of the preliminary plat, the Planning Board may refuse to approve the final plat and require resubmission of the preliminary plat.

B. Purpose. The final plat and supporting drawings and documents for a proposed subdivision constitute the complete development of the subdivision proposal and include the recommendations resulting from the Planning Board review of the preliminary layout as well as the detailed layout drawings for the public improvements and utilities. After public hearing, if required, and approval by the Planning Board, this complete submission, along with the performance bond and the general liability insurance policy as approved by the local governing body, becomes the basis for the construction of the subdivision and the inspection services by the Planning Board and by the Town Engineer or other delegated Town officer. The plat itself must be recorded at the County Clerk's office to have legal status. An unrecorded plat is not a valid basis for site improvements or other commitments which depend on its design characteristics. The final plat shall be an accurate survey record of the properties resulting from the subdivision.

C. 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 11 copies of the application and the plat; the original and one true copy of all offers of cession, covenants and agreements; letters from appropriate agencies, utilities and boards having jurisdiction; and three prints of all construction drawings, at least two weeks in advance of the regular monthly Planning Board meeting at which it is to be officially submitted as described in § 83-6D. If any waiver of the requirements of standards provided for in these regulations in connection with final plat approval is needed, request for such waiver shall be filed with the final plat submission.

D. When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Board at least two weeks prior to which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by Article VI, § 83-31, of these regulations, has been filed with the Secretary of the Planning Board.

E. Endorsement of state and county agencies. Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the Orange County Department of Health. 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 Orange County Department of Health shall be secured by the subdivider before official submission of the subdivision plat. Certified copies of permits signed by a responsible official of the State Highway Department or the Orange County Superintendent of Highways approving proposed construction and/or discharge on state or county rights-of-way shall be submitted or may be a condition of final approval.

F. Performance bond estimate. The Town Engineer or other delegated Town officer shall prepare seven copies of a performance bond estimate to be submitted along with his recommendations on the final plat.

G. Public hearing. A public hearing shall be held on the final plat by the Planning Board within 62 days of its submission if the Planning Board deems it to be necessary due to changes in the plans. Notice of the hearing must be published at least once in the official Town-designated newspaper at least 10 days before the hearing and by posting notice thereof by mail to the owners of property within 500 feet of the proposed subdivision who reside within any municipality and to any other persons whom the Board may deem to be particularly affected. Said advertisement shall be submitted to the Secretary of the Planning Board, and the notification of affected landowners shall be made by the applicant. Proof of such mailings and receipts for same shall be filed with the Planning Board prior to, or at the time of, said hearing. In the event that the five-hundred-foot requirement extends to properties beyond the Town boundary, the applicant shall acquire the names and addresses of said property owners from the latest assessment roll of the municipality in which said property is located and shall comply with the mailing requirements as set forth herein. However, when the Planning Board deems the final plat to be in substantial agreement with an approved preliminary plat and modified in accordance with the requirements of the approval given to the preliminary plat if the preliminary plat was approved with modification, the Planning Board may waive the requirement for the public hearing on the final plat.

H. Action on proposed subdivision plat. The Planning Board shall, within 62 days from the date of the public hearing on the subdivision plat, if one is held or within 62 days after the receipt of the final plat by the Secretary of the Planning Board, if no hearing is to be held, approve, disapprove or conditionally approve, with or without modifications, the final subdivision plat and shall specify in writing its reasons for any such refusal. Provision may be made for extension of this time by mutual consent of the subdivider and the Planning Board. In the event that the required hearing is not held or if the Planning Board fails to disapprove the plat within the 62 days prescribed above, the plat shall be deemed approved as submitted. If the plat is approved, the subdivider shall carry out the following steps prior to obtaining the Chairman's signature of approval:

(1) Make all required corrections or changes to the satisfaction of the Planning Board.

(2) Obtain a performance security in the amount of the bond estimate and submit them to the Town Attorney for approval as to form and content. (See Article III, § 83-12B, Performance bond, and § 83-12C, General liability insurance.)

(3) Prepare prints of the corrected final plat drawings and submit the following: eight paper prints and two Mylar drawings, including all corrected public improvements, utility plans and profiles.

(4) Pay the required inspection fee and fee in lieu of parkland at the Town Clerk's office.

(5) This information shall be reviewed by the designated representative of the Planning Board prior to the signing of the final plans.

§ 83-12 Required public improvements.

A. Improvements. The following improvements will be required except when, in the special or peculiar circumstances of a particular case, the Planning Board modifies or waives a requirement by specific resolution (See Article VI, § 83-28B and 83-30E, and Article VII.):

(1) Paved streets.

(2) Curbs or gutters.

(3) Sidewalks for SR-6 subdivisions only or if required for clustered subdivisions in other residential zones or in commercial areas.

(4) Water mains and fire hydrants where required.

(5) Sanitary sewage disposal.

(6) Storm drainage system.

(7) Street signs.

(8) Street trees on private property along Town and private roads.

(9) Seeding or sodding of planting strips with lawn grass where sidewalks have been required.

(10) Underground utilities (URD) on private lots and for all public and private streets which do not have existing utility lines.

B. Performance bond.

(1) A performance security shall be delivered to the Town to guarantee to the Town that the subdivider will faithfully cause to be constructed and completed within a reasonable time the required public improvements and convey the required lands and improvements to the Town free and clear of encumbrances. Until all highway and other public improvements, including but not limited to sanitary systems, water supply systems and drainage, as may be specified and required by the Planning Board to be installed in any subdivision have been completed, no building permits for structures within the subdivision shall be issued. Exceptions in specific cases where construction phasing would be more efficient if the top coat of asphalt was finished after construction on a site was completed are allowed. A cash bond or letter of credit to cover this cost will be needed before the building permit would be granted, and the completion of the top coat must take place within six months.

(2) Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the following procedure: In an amount set by the Planning Board from an estimate prepared by the Town Engineer, the subdivider shall either file with the Town Clerk a certified check or irrevocable letter of credit approved by the Town Board to cover the full cost of the required improvements or any combination thereof. Any such bond shall comply with the requirements of § 277 of the Town Law and further shall be satisfactory to the Town Board and Town Attorney 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 within which required improvements must be completed; however, the term of such performance bond may be extended by the Planning Board with consent of the parties thereto.

(3) The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider elects to provide an irrevocable letter of credit or certified check for all required improvements as specified in Subsection B(2) above, such security shall not be released until such a map is submitted. The Town Board shall release the security upon certification of the Town Engineer and the Town Attorney that all requirements of the security have been satisfied.

(4) The subdivider shall complete all required improvements or post the required performance security, either or both, to the satisfaction of the Town Board before any building permits will be issued.

(5) If the Planning Board shall decide at any time during the term of the performance security that the extent of building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such performance security, or that required improvements have been installed as provided in this section and by the Planning Board in sufficient amount to warrant reduction in the face amount of said security, or that the character and extent of such development requires additional improvements previously waived for a period stated at the time of fixing the original terms of such security, the Planning Board may modify its requirements for any or all such improvements, and the face value of such performance security shall thereupon be reduced or increased by an appropriate amount so that the new face value will cover the cost in full of the amended list of improvements required by the Planning Board, and any security deposited may be reduced or increased proportionately.

C. General liability insurance.

(1) Procedure. The subdivider shall file with the Town Attorney a general liability insurance policy at the same time as he files his performance security. The Town Board shall approve the policy as to form. The policy shall be in force during the term of the performance security and shall be extended in conformance with any extension of the performance security.

(2) Coverage. The policy shall insure the Town and the general contractor and shall cover all operations in the development involving existence and maintenance of property and buildings and contracting operations of every nature, including all public improvements. Said policy shall have limits of liability of $1,000,000 for bodily injury to each person and $5,000,000 in the aggregate for each accident and property damage liability of $500,000 for each accident and $1,000,000 in the aggregate or such higher limits as the Planning Board may require.

D. Maintenance security. The subdivider shall file with the Town Board a maintenance security bond in an amount based on a maximum of 10% of the performance security bond estimate and which shall be adequate to assure the satisfactory condition of the initial public improvements for a period of one year following their completion and acceptance by the Town Board. Such security bond shall be satisfactory to the Town Attorney as to form, manner of execution and surety.

E. 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 by a previously delegated member of the Planning Board, authorize modifications, provided that these modifications are 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 improvements required by the Board. The Planning Board Engineer shall issue any authorization under this subsection in writing and shall transmit a copy of such authorization to the Planning Board and the Town Board at their next regular meeting.

F. Supervision of improvements. The construction of all required improvements shall be supervised by a registered professional engineer, who, after completion of construction, shall certify to the Planning Board that all required improvements have been constructed as required and approved by the Board or as modified by the Board.

G. Inspections.

(1) Routine inspections.

(a) All improvements will be inspected by the Town Engineer and Highway Superintendent to ensure satisfactory completion. In no case shall any paving work, including prime and seal coats, be done without permission from the Town Engineer. At least five days' notice shall be given to the Town Engineer prior to any such construction so that a representative of the Town may be present at the time work is to be done. The Town Engineer shall be notified after each of the following phases of the work has been completed so that he or his representative may inspect the work:

[1] Road subgrade.

[2] Curb and gutter forms.

[3] Road paving, after each coat in the case of priming and sealing.

[4] Sidewalk forms.

[5] Sanitary sewers, drainage pipe and other drainage structures, before backfilling.

[6] All underground utilities, prior to backfilling.

(b) If the Town Engineer and Highway Superintendent do not carry out inspection of required improvements during construction, the subdivider or the security company shall not in any way be relieved of their responsibilities.

(2) Final inspection. A final inspection of all improvements will be made to determine whether the work is satisfactory and in substantial agreement with the approved final plat drawings and in compliance with the Town specifications as of the time the offer of dedication of the roads is made to the Town Board. The general condition of the site shall also be considered. Upon a satisfactory final inspection report, action will be taken to release the performance security bond covering such improvements and utilities.

(3) Inspection fee. An inspection fee as specified in Article III, § 83-16, shall be paid to the Town prior to the time that the Chairman of the Planning Board signs the final plat.

H. Proper installation of improvements. If the Town Engineer or Highway Superintendent shall find, upon inspection of the improvements performed before the expiration date of the performance security, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, he shall so report to the Town Board, Building Inspector and Planning Board. The Town Board then shall notify the subdivider and, if necessary, the security company and take all necessary steps to preserve the Town's rights under the security. The Town Board may thereupon declare the performance security in default and collect the sum remaining payable thereunder, and upon receipt of the proceeds thereof, the Town shall install such improvements as are covered by such performance security and commensurate with the building development that has taken place in the subdivision, but not exceeding in cost the amount of such proceeds. In making such determination regarding streets, highways, parks and required improvements, the Planning Board shall take into consideration the prospective character of the development, whether dense residence, open residence, business or industrial. No plat shall be approved by the Planning Board as long as the subdivider is in default on a previously approved plat.

§ 83-13 Filing of approved subdivision plat.

A. Final approval and filing. Upon completion of the requirements in §§ 83-11 and 83-12 above and notation to that effect upon the subdivision plat and the approved public improvement and utility plan and profiles, it shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Planning Board (Chairman or Acting Chairman) upon receipt of notification that the required bond and insurance have had the approval of the Town Attorney and that the required inspection fee has been deposited. It may then be filed by the applicant in the office of the County Clerk. Planning Board approval of a final plat shall not be deemed an acceptance by the Town of any street or other land shown as offered for cession to public use.

B. Distribution. After the Planning Board Chairman signs his approval, the documents shall be distributed by the Planning Board in the following manner:

(1) Subdivider to receive all original final plat drawings and the two Mylars, the latter to be filed by the subdivider in the Orange County Clerk's office.

(2) Building Inspector: one final plat and public improvement paper print.

(3) Tax Assessor: one final plat paper print.

(4) Town Clerk: one Mylar from the Orange County Clerk's office showing the official file date.

(5) Town Engineer: one paper print each of the final plat and the public improvement and utilities plan and profiles.

(6) Town Superintendent of Highways: one paper print each of the final plat and the public improvement plan.

(7) Planning Board: one Mylar and one paper print of the final plat and the public improvement and utilities plan and profiles.

(8) Local post office serving the subdivision: one paper print.

(9) Local fire department serving the subdivision: one paper print.

(10) Local school district serving the subdivision: one paper print.

C. Expiration of approval. The final approval of a final plat or the certificate of the Town Clerk as to the failure of the Planning Board to act within the time required by law shall expire within 62 days after the date of the signing of the plat by the Planning Board unless filing of the plat or a section thereof is accomplished by that time in the office of the Orange County Clerk. Such endorsement shall stipulate that the plat does not conflict with the County Official Map, where one exists, or, in cases where plats do front on or have access to or are otherwise related to roads or drainage systems shown on the County Map, that such plat has been approved in the manner specified by § 289-k of the General Municipal Law. Expiration of an approval shall mean that any further action will require a new filing fee as well as a review of all previous findings.

D. Filing in sections. At the time the Planning Board grants plat approval, it may permit the plat to be divided into two or more sections, subject to any conditions the Board deems necessary in order to ensure the orderly development of the plat. In accordance with § 276 of the Town Law, the applicant may file a section of the approved plat with the County Clerk if said section constitutes at least 10% of the total number of lots contained in the approved plat. In these circumstances, preliminary plat approval on the remaining sections of the plat shall remain in effect for three years from the filing date of the first section. When a plat is filed by section with the County Clerk, the applicant shall, within 30 days; file with the Town Clerk the entire approved preliminary plat. The owner 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 the required improvements have been installed in such section or a bond covering the cost of such improvements is posted.

E. Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made in any subdivision plat after approval has been given by the Planning Board and endorsed in writing on the plat unless said plat is first resubmitted to the Planning Board and such Board approves any modifications. In the event that any such subdivision plat is recorded without complying with this requirement, the same shall be considered null and void, and the Planning Board shall institute proceedings to have the plat stricken from the records of the County Clerk.

§ 83-14 Public streets and recreation areas.

A. Public acceptance of streets.

(1) 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, utility, easement, park or other open space shown on such subdivision plat.

(2) Every street shown on a plat that is filed or recorded in the office of the County Clerk as provided in these regulations shall be deemed to be a private street until such time as it has been formally offered for dedication to the public and formally accepted as a public street by resolution of the Town or, alternatively, until it has been condemned by the Town for use as a public street.

(3) After such plat is approved and filed, subject, however, to review by court as hereinafter provided, the streets, highways and parks shown on such plat shall be and become a part of the Official Map or plan of the Town. The owner of the land or his agent who filed the plat may add as part of the plat a notation if he so desires to the effect that no offer of dedication of such streets, highways or parks or any of them is made to the public. Formal offers of cession to the public of all streets, highways or parks not marked with such notation on the plat shall be filed with the Planning Board prior to the approval of the plat by the Planning Board. In the event that the owner or his agent shall elect not to file his plat prior to the expiration date of the validity of such approval provided in Article III, § 83-13C, of these regulations, then such formal offers of cession shall be deemed to be invalid, void and of no effect on and after such expiration date.

(4) No public Town street utility or improvement shall be constructed by the Town in any street or highway until it has become a public street or highway and is duly placed on the Official Map or plan, except that the Town Board may authorize the construction of a public Town street utility or improvement in or under a street which has not been dedicated but which has been used by the public as a street for five years or more prior to March 2, 1988, and is shown as a street on a plat of a subdivision of land which had been filed prior to March 2, 1988, in the office of the County Clerk.

(5) No permit for the erection of any building shall be issued unless a street or highway giving access to such proposed structure has been duly placed on the Official Map or plan or, if there is no Official Map or plan, unless such street or highway is an existing state, county or Town highway or a street shown upon a plat approved by the Planning Board as provided under the provisions of this article, is in effect at the time such plat was approved, or a street on a plat duly filed and recorded in the office of the County Clerk or Register prior to the appointment of such Planning Board and the grant to such Board of the power to approve plats. Before such permit shall be issued, such street or highway shall have been suitably improved to the satisfaction of the Town Board in accordance with standards and specifications approved by the appropriate Town officers as adequate in respect to the public health, safety and general welfare for the special circumstances of the particular street or highway, or alternatively and in the discretion of such Board, a performance bond sufficient to cover the full cost of such improvement as estimated by such Board or other appropriate Town departments designated by such Board shall be furnished to the Town by the owner. Such performance bond shall be issued by a bonding or security company approved by the Town Board or by the owner with security acceptable to the Town Board and shall also be approved by the Town Attorney as to form, sufficiency and manner of execution. The term, manner of modification and method of enforcement of such bond shall be determined by the appropriate Board in substantial conformity with Article III, § 83-12B, of these regulations.

(6) For the purpose of preserving the integrity of such Official Map or plan, no permit shall hereafter be issued for any building in the bed of any street or highway or parkland shown or laid out on such map or plan; provided, however, that if the land within such mapped street or highway or parkland is not yielding a fair return on its value to the owner, an appeal may be made before the Zoning Board of Appeals as detailed in Subsection A(7) below.

(7) Where the enforcement of the provisions of this section would entail practical difficulty or unnecessary hardship or where the circumstances of the case do not require the structure to be related to the existing or proposed streets or highways, the applicant for such a permit may appeal from the decision of the administrative officer having charge of the issue of permits to the Zoning Board of Appeals, and the same provisions are hereby applied to such appeals and to such Board as are provided in cases of appeals on zoning regulations.[1] The Board may, in passing on such appeal, make any reasonable exceptions and issue the permit subject to conditions that will protect any future street or highway layout, or grant a permit for a building in such street or highway which will as little as practicable increase the cost of opening such street or highway or tend to cause a change of such Official Map or plan, and such Board may impose reasonable requirements as a condition of granting such permit, which requirements shall inure to the benefit of the Town. Before taking any action authorized in this section, the Zoning Board of Appeals shall give a hearing at which parties in interest and others shall have an opportunity to be heard. Any such decision shall be subject to review in the same manner and pursuant to the same provisions as in appeals from the decisions of such Board upon zoning regulations.

[1] Editor's Note: See Ch. 98, Zoning, Art. VII.

B. Ownership and maintenance of recreation areas. When a park, playground, natural or historic feature or other recreation or open space 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.

§ 83-15 Application of clustering provisions.

[Amended 9-9-2009 by L.L. No. 6-2009]

Pursuant to § 98-25 of the Zoning Law,[1] the Planning Board is empowered to require, review and approve clustered subdivisions in accordance with the provisions of § 278 of the Town Law. Such authorization is hereby granted to approve such projects based on specific benefits to the community for lands in all residential districts. The purpose of such authorization shall be to enable and encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands. Refer to § 98-25 of the Zoning Law.

[1] Editor's Note: See Ch. 98, Zoning.

§ 83-16 Summary of fees. [1]

A. Plan submission fees. For sketch plan submission, minor subdivision or a major subdivision, fees shall be paid at the time the required maps and application are submitted, prior to the meeting with the Planning Board.

B. Preliminary plat submission. For all subdivision, the preliminary plat submission fee shall be paid at the time of filing the preliminary layout.

C. Inspection fee. The Town Board shall provide for the inspection of required improvements during and after construction to ensure their satisfactory completion and shall require the subdivider to pay an inspection fee to the Town of 6% of the amount of the estimated cost of required improvements, and the subdivision plat shall not be signed by the Chairman of the Planning Board unless such fee has been paid at the time of final approval.

D. Payee. All of the above fees shall be payable by check to the Town, stating the specific purpose of each fee.

E. Expert consulting fee. The cost of obtaining and securing the advice or assistance of any expert consultant or consultants shall be paid by the applicant, and the Planning Board may require the applicant to deposit funds in a reasonable amount to assure payment of any consultant, and any surplus shall be returned after the consultant's bill is received and paid in full. The Planning Board Engineer's fees shall be deemed included within the term "expert consulting fee" as used herein.

[1] Editor's Note: The Town of Chester fee schedule is available in the Town offices.