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Town of Southeast, NY
Putnam County
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Table of Contents
Table of Contents
Whenever any subdivision or resubdivision 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 resubdivision or any part thereof is made and before any permit for the erection of a structure in such proposed subdivision or resubdivision shall be granted, the subdivider or his duly authorized agent shall apply, in writing, for review and approval of such proposed subdivision or resubdivision in accordance with the following procedures.
A. 
Before submitting an application for the subdivision or resubdivision of land in the Town of Southeast, the subdivider and his consultants and agents shall study and become knowledgeable of the requirements of:
(1) 
This chapter.
(2) 
Chapter 138, Zoning, of the Code of the Town of Southeast.
(3) 
The Comprehensive Plan of the Town of Southeast, including all modifications thereof.
(4) 
The Official Map of the Town of Southeast, including all modifications thereof.
(5) 
Chapter 78, Freshwater Wetlands, of the Town of Southeast.
[Amended 11-18-2004 by L.L. No. 15-2004]
(6) 
Chapter 74, Flood Damage Prevention, of the Code of the Town of Southeast.
(7) 
Chapter 71, Explosives and Blasting, of the Code of the Town of Southeast.
(8) 
The Road and Drainage Specifications of the Town of Southeast.[1]
[1]
Editor's Note: See Ch. A143, Road and Drainage Specifications.
(9) 
Chapter 64, Driveways, of the Code of the Town of Southeast.
(10) 
The Town of Southeast, New York, Specifications Concerning the Construction of Driveways Abutting Town Highways.[2]
[2]
Editor's Note: See Ch. 64, Driveways.
(11) 
Town of Southeast Code Chapter 69, Article II, Grading and Earth Removal.
(12) 
The Realty Subdivision Program Review and Policies of the Putnam County Department of Health, including all modifications thereof.
(13) 
The City of New York rules and regulations pertaining to the protection of the city's Croton Watershed and Reservoirs.
(14) 
Any existing or proposed plans of the Town Board, Planning Board, Highway Department, improvement districts and any other agencies of the Town of Southeast that may have an influence on the layout of streets, lots, parks, recreation areas and open spaces and the provision, installation, operation, maintenance, repair and replacement of municipal facilities, including but not necessarily limited to water supply, water pollution control, storm drainage and flood control facilities.
[Amended 11-16-2006 by L.L. No. 11-2006]
(15) 
The New York State Department of Transportation and the Putnam County Highway Department rules, regulations and standards pertaining to access onto the work on or adjacent to state and county highways.
(16) 
The New York State Environmental Quality Review Act.[3]
[3]
Editor's Note: See Article 8 of the Environmental Conservation Law.
(17) 
All other applicable county, state and federal laws, rules, regulations, criteria, standards and codes.
B. 
The omission of reference herein to any applicable laws, rules, regulations, ordinances, standards and codes shall not excuse or exempt the subdivider or his consultants and agents from meeting the requirements thereof, and it shall be the subdivider's sole responsibility to see that all such requirements are met or waivers of any such requirements obtained.
A. 
All applications, complete with all drawings, documents and fees, required to be submitted to the Planning Board by this chapter shall be mailed or delivered to the administrative assistant of the Planning Board.
B. 
When an application submission is complete, the Planning Board or its duly authorized representatives shall endeavor to provide the subdivider with written planning and/or engineering review comments prior to the date of any scheduled action on the application by the Planning Board.
C. 
An application submission which does not include all the required drawings, documents and fees will be considered an incomplete application. Within 10 calendar days after the receipt of an incomplete application, the administrative assistant to the Planning Board shall send a written notice, via first-class mail, to the subdivider, which shall state that the application has been found to be incomplete and the specific reasons for such finding.
D. 
An incomplete application may not permit an orderly and integrated planning and engineering review to be made of all aspects of the proposed subdivision or resubdivision, and the Planning Board may withhold planning and engineering review comments pertaining to the application until such time as the required information is received and has been reviewed.
E. 
Sign.
[Added 7-16-1998 by L.L. No. 4-1998]
(1) 
The applicant shall post a sign on the property referenced in such application on or before the 10th day following the applicant's submission of such application to the Planning Board. Such sign shall be at least 30 inches by 20 inches in size, consisting of sturdy and serviceable material and containing a white background with black letters, and shall be placed in a location plainly visible form the most commonly traveled street or highway upon which the property fronts. Such sign shall be at least six feet above the ground and shall read as follows, in legible lettering at least two inches high:
[Amended 5-7-2015 by L.L. No. 4-2015]
ON THIS SITE A (describe action set forth in the application, e.g., an application for an eight-lot subdivision) IS PENDING. INFORMATION CONCERNING THIS APPLICATION MAY BE OBTAINED FROM THE TOWN OF SOUTHEAST PLANNING BOARD ADMINISTRATOR, ONE MAIN STREET, BREWSTER, NY.
(Identify applicant or applicant's agent by name, address and telephone number)
(2) 
In the event that the applicant shall appear before more than one Board, the sign may be worded so as to give reasonable notice of such other application. Prior to sketch plan review of such application, the applicant shall submit to the Planning Board Administrator an affidavit certifying to the fact and date of said posting. Such sign shall be removed from the subject premises within 10 days after a final resolution approving or denying the particular application has been adopted by the Planning Board.
A. 
Application. Prior to submitting an application for approval of a proposed subdivision or resubdivision, the subdivider shall submit an application for sketch plan review to the Planning Board for the purposes of classification of the proposed subdivision as a major or minor subdivision, general consideration of factors and problems affecting development of the land to be subdivided or resubdivided and familiarizing the subdivider with Planning Board's requirements and the Board with the nature of the subdivider's proposal so as to minimize the need for time-consuming and costly revisions to subdivision plats. The application shall be made on forms issued by the Planning Board and available in the office of the Planning Board's administrative assistant.
B. 
Sketch plan requirements. The sketch plan shall, in all respects, comply with the requirements of Article V, § 123-29, of this chapter.
C. 
Requirements for complete sketch plan application. A complete application for consideration of a sketch plan shall include the following documents:
(1) 
The application form.
(2) 
A disclosure statement.
(3) 
Copies of all prior actions of the Town Board, Planning Board, and Zoning Board of Appeals concerning the property proposed to be subdivided or resubdivided.
[Amended 11-16-2006 by L.L. No. 11-2006]
(4) 
The sketch plan. (See § 123-29.)
(5) 
A short-form environmental assessment form.
(6) 
A checklist for sketch plan submission, provided by the Planning Board and completed and signed by the subdivider or his duly authorized representative.
(7) 
The sketch plan review fee, in an amount as set forth in the Schedule of Town Fees, available in the office of the Town Clerk.
D. 
Number of copies of documents submitted. The number of copies of each document required to accompany a complete application for sketch plan review shall be as set forth in the Planning Board's Schedule of Document Submission, available in the office of the Planning Board's administrative assistant.
E. 
Discussion of requirements and classification. The subdivider, or his duly authorized representative, shall attend a scheduled meeting with the Planning Board to discuss the requirements of this chapter. At that meeting, the Planning Board will:
(1) 
Classify the proposed subdivision or resubdivision as a minor or major subdivision.
(2) 
Determine if the proposed subdivision or resubdivision requires review by the Wetlands Inspector with respect to compliance with Chapter 78, Freshwater Wetlands.
[Amended 11-16-2006 by L.L. No. 11-2006]
(3) 
Discuss with the subdivider or his duly authorized representative the requirements of these regulations and the factors and problems that may affect the development of the land proposed to be subdivided or resubdivided and establish a general basis for design of the proposed subdivision or resubdivision consistent with the requirements of this chapter.
F. 
Nature of Planning Board review. Any suggestion made by the Planning Board with respect to sketch plan review shall not be construed as implying approval, either in whole or in part, of a proposed subdivision or resubdivision, and the subdivider will have no vested rights whatsoever with respect to approval of such subdivision or resubdivision due to any such actions or suggestions.
Within six months after classification of the subdivision or resubdivision shown on the sketch plan as a minor subdivision by the Planning Board, the subdivider may submit an application for final approval of a subdivision plat for a minor subdivision, together with the long environmental assessment form. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The subdivision plat for a minor subdivision shall conform to the layout shown on the sketch plan, any recommendations made by the Planning Board during sketch plan review and the requirements of Article V, § 123-31, of this chapter, except that the Planning Board may, by resolution, vary and/or waive certain requirements for a final subdivision plat as set forth in this chapter, provided that such variations and/or waivers will not have the effect of nullifying the intent and purpose of Chapter 138, Zoning, the Comprehensive Plan, the Official Map, if any, and this chapter.
A. 
Application for approval. Prior to requesting approval of a final plat for a proposed major subdivision, the subdivider shall file an application for approval of a preliminary plat of the proposed major subdivision or resubdivision. The application shall be made on forms issued by the Planning Board and available in the office of the Planning Board's administrative assistant.
B. 
Preliminary plat requirements. The preliminary plat shall, in all respects, comply with the requirements of Article V, § 123-30, of this chapter, except where a waiver may be specifically authorized in writing by the Planning Board.
C. 
Freshwater and wetlands protection. Where the proposed subdivision or resubdivision involves regulated activities within a controlled area as defined in Chapter 78, Freshwater Wetlands, the subdivider shall submit all material required by Chapter 78 to the Wetlands Inspector and Planning Board for their review.
[Amended 11-16-2006 by L.L. No. 11-2006]
D. 
Requirements for complete application.
(1) 
A complete application for consideration of a preliminary plat shall include the following documents:
(a) 
The application form.
(b) 
A disclosure statement.
(c) 
A list of any and all waivers of the provisions of this chapter which the subdivider requests the Planning Board to grant in his special case, with reasons for each waiver requested.
(d) 
A list of the names and addresses of owners of all property within 500 feet of the site of the proposed subdivision or resubdivision or within 500 feet of any property contiguous to said site that is owned partially or wholly by the subdivider, members of the subdivider's family(ies) or firms in which the subdivider owns a financial interest.
(e) 
The preliminary plat. (See § 123-30A.)
(f) 
Design drawings and outline specifications for all proposed improvements, except for structures designed for residential, commercial, industrial or institutional occupancy and accessory structures such as garages. (See § 123-30C and D.)
(g) 
A drainage analysis map. (See Road and Drainage Specifications.[1])
[1]
Editor's Note: See Ch. A143, Road and Drainage Specifications.
(h) 
A drainage report. (See Road and Drainage Specifications.[2])
[2]
Editor's Note: See Ch. A143, Road and Drainage Specifications.
(i) 
A site development plan. (See § 123-30B.)
(j) 
An erosion and sediment control plan. (See § 123-30E.)
(k) 
A tree and forest preservation plan. (See § 123-30F.)
(l) 
Special reports. (See § 123-30G.)
(m) 
All required submission materials for a wetland permit, where required, as identified in Chapter 78, Freshwater Wetlands.
[Amended 11-16-2006 by L.L. No. 11-2006]
(n) 
A checklist for preliminary plat submission, provided by the Planning Board and completed and signed by the subdivider or his duly authorized representative.
(o) 
The application fee, in the amount set forth in the Schedule of Town Fees.
(p) 
A completed long environmental assessment form.
(q) 
An aerial photograph at a scale of no less than one inch to 200 feet showing the project site and surrounding areas within 300 feet of the property.
[Added 2-16-2006 by L.L. No. 2-2006]
(2) 
The number of copies of each document required to accompany a complete application for consideration of a preliminary plat shall be as set forth in the Planning Board's Schedule of Document Submission available in the office of the Planning Board's administrative assistant.
(3) 
Photo-simulation/rendering requirement. To assist in review and understanding of a proposed subdivision or resubdivision, the Planning Board may require the subdivider to submit a photo-simulation or 3-D rendering or model of the proposed project, in context with the proposed grading and landscaping.
[Added 2-16-2006 by L.L. No. 2-2006]
E. 
Preliminary staking. To facilitate inspection and review by the Planning Board and its agents of the site for a proposed subdivision or resubdivision, the subdivider shall have the following staking completed at the time of submission of a preliminary plat:
(1) 
Stakes shall be set along the center line of each proposed road at intervals of not more than 100 feet and at each point of beginning and ending of each horizontal curve. Each stake shall be identified by a station marking, on both sides, to conform to the preliminary plat and design drawings as presented.
(2) 
Stakes shall be set along the road frontage of each proposed lot, at the intersections of the proposed side lot lines and the proposed road right-of-way. Each stake shall be marked on both sides with the identifying lot number, conforming to the lot numbers shown on the preliminary plat.
(3) 
Stakes shall also be set and marked to indicate the locations of the following proposed improvements:
(a) 
Wells for community water supply systems.
(b) 
Pumping stations for community water supply and pollution control facilities.
(c) 
Aboveground and underground tanks for water supply and pollution control facilities.
(d) 
Treatment plants.
(e) 
Stormwater detention basins, sedimentation basins and their outlet structures.
(4) 
Each stake shall be securely embedded in the ground, shall extend at least 30 inches above ground surface and shall be set within the following tolerances:
(a) 
Stakes set under Subsection E(1) and (2): within two feet of the exact position of the point required to be marked.
(b) 
Stakes set under Subsection E(3): within five feet of the exact position of the improvement required to be marked.
(5) 
Stakes set to locate points along the proposed roadway center line and proposed lot corners shall be placed and marked with indelible markings so that the markings will be readily visible to persons as they approach the stake while walking along the proposed road center line.
(6) 
All stakes shall be flagged with brightly colored plastic tape flagging.
(7) 
The stakes shall be relocated at the request of the Planning Board so as to reflect any changes required by the Planning Board.
(8) 
All stakes required to be set by this subsection that are removed or destroyed prior to the final approval of the final subdivision plat shall be replaced by the subdivider if required by the Planning Board or its authorized representatives.
F. 
Subdivider to attend Planning Board meeting. The subdivider, or his duly authorized representative, shall attend the scheduled meeting of the Planning Board to discuss the preliminary plat.
G. 
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 and erosion hazards, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided and the requirements of Chapter 138, Zoning, and the Master Plan and Official Map, if such exist. An informal public meeting may be held by the Planning Board to discuss the preliminary plat with all persons interested.
H. 
Referral to County Planning Board. Upon official receipt of a preliminary plat application and where a proposed subdivision or resubdivision is situated within 500 feet of the boundary of any existing or proposed state or county facilities or within 500 feet of the boundaries of the Village of Brewster or adjacent towns, the Planning Board shall refer the preliminary plat to the Putnam County Planning Board for its review and comment in accordance with § 239-n of Article 12-B of the General Municipal Law.
I. 
Public hearing.
(1) 
The Planning Board shall hold a public hearing on the preliminary plat submission, which hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing. The subdivider shall also mail notices of the public hearing as set forth in Subsection J of this section.
(2) 
The Planning Board shall hold its public hearing within 60 days after the official submission date of the preliminary plat, unless additional time is required to comply with the State Environmental Quality Review Act (SEQR),[3] as amended.
[3]
Editor's Note: See Article 8 of the Environmental Conservation Law.
(3) 
The time period in which the Planning Board shall hold a public hearing may be extended by mutual consent of the subdivider and the Planning Board.
J. 
Subdivider's notice to property owners. The subdivider shall mail notice of the public hearing required under Subsection I of this section to all property owners whose names appear on the list required to be submitted under Subsection D(1)(d) of this section. The property owners and their addresses shall be as indicated in the current Town Tax Assessor's records.
(1) 
Such notice shall be mailed not less than 15 calendar days prior to the date of the public hearing scheduled by the Planning Board.
(2) 
Such notice shall be in a form approved by the Planning Board, including no less than:
(a) 
The name of the subdivider.
(b) 
The location of the site of the proposed subdivision or resubdivision.
(c) 
A brief description of the proposed subdivision or resubdivision, including, as a minimum, the total acreage involved, the total number of lots, the location of proposed roadways and the proposed methods of providing for water supply and sewage disposal.
(d) 
The date, time and place of the public hearing.
(3) 
The notice shall be sent by United States Postal Service certified mail, return receipt requested. At the time of the public hearing, the subdivider shall provide to the Planning Board a copy of the required notice and an affidavit listing all of the property owners to whom such notice was mailed and copies of all mailing receipts.
K. 
Action on preliminary plat.
(1) 
The Planning Board shall act to approve, with or without modification, or disapprove a preliminary plat within 60 days after the date of completion of the public hearing on said preliminary plat unless additional time is required to comply with the State Environmental Quality Review Act (SEQR),[4] as amended.
[4]
Editor's Note: See Article 8 of the Environmental Conservation Law.
(2) 
The time period in which the Planning Board must take action on the preliminary plat may be extended by mutual consent of the subdivider and the Planning Board.
(3) 
When the Planning Board approves with modifications or disapproves a preliminary plat, the ground of a modification or the ground for disapproval shall be stated upon the records of the Planning Board.
(4) 
When granting approval to a preliminary plat, the Planning Board shall state, in writing, to the subdivider the terms of such approval, if any, with respect to the modifications to the preliminary plat and 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. Approval of a preliminary plat shall not constitute approval of the final subdivision plat, but instead shall be deemed an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the final subdivision plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of this chapter. Prior to approval of the final subdivision plat, the Planning Board may require additional changes as a result of further study of the proposed subdivision or resubdivision in final form or as a result of new information obtained at the public hearing.
(5) 
Within five days of the approval, with or without modifications, of the preliminary plat by the Planning Board, it shall be certified by the Chairman of the Planning Board as granted preliminary approval, and a certified copy of such approval shall be sent by United States Postal Service, certified mail, return receipt requested, to the subdivider and the Town Board.
(6) 
Failure of the Planning Board to act within the time periods, including mutually agreed extensions thereof, established in this Subsection K shall constitute approval of the preliminary plat.
A. 
Application. The subdivider must, within six months after the approval of the preliminary plat, file with the Planning Board an application for approval of the final plat in final form. The application shall be made on forms issued by the Planning Board and available in the office of the Planning Board's administrative assistant. If the final plat is not submitted within six months after the approval of the preliminary plat, the Planning Board may revoke approval of the preliminary plat and require the resubmission of the preliminary plat unless extension is granted by the Board before the expiration of the six-month period. Such an extension may be granted only if the proposed subdivision meets all zoning requirements in effect on the date of extension.
B. 
Subdivision plat requirements. The final plat shall, in all respects, comply with the requirements of Article V, § 123-31, of this chapter.
C. 
Requirements for complete application.
(1) 
A complete application for consideration of a final plat shall include the following documents:
(a) 
The application form.
(b) 
A disclosure statement.
(c) 
The final plat. (See § 123-31A.)
(d) 
Construction drawings and specifications. (See § 123-31B and C.)
(e) 
Opinion of probable construction cost for all proposed improvements. (See § 123-31D.)
(f) 
A list of any and all waivers of the provisions of this chapter which the subdivider requests the Planning Board to grant in his special case, with reasons for each waiver requested.
(g) 
Approvals and permits from boards, departments and public utilities having jurisdiction over proposed improvements.
(h) 
Covenants and agreements.
(i) 
An updated Tax Map. (See § 123-31F.)
(j) 
A checklist for final plat submission, provided by the Planning Board and completed and signed by the subdivider or his duly authorized representative.
(k) 
The application fee, in the amount set forth in the Schedule of Town Fees.
(l) 
A time schedule for completion of all required improvements.
(2) 
The number of copies of each document required to accompany a complete application for consideration of a final plat shall be as set forth in the Planning Board's Schedule of Document Submission.
D. 
Referral to County Planning Board. Upon official receipt of a final plat application for a proposed minor subdivision that is situated within 500 feet of the boundary of any existing or proposed state or county facilities or within 500 feet of the boundaries of the Village of Brewster or adjacent towns, the Planning Board shall refer the final plat to the Putnam County Planning Board for its review and comment in accordance with § 239-n of Article 12-B of the General Municipal Law.
E. 
Approvals and permits from boards, departments and public utilities having jurisdiction over proposed improvements. Prior to the signing of a final plat, the subdivider shall obtain written approval and/or permits from all federal, state, county, city, town and village boards and departments and all public utilities having jurisdiction to approve the design, construction and operation of proposed improvements. A copy of all such written approvals and permits shall be submitted to the Planning Board prior to the signing of the final subdivision plat.
F. 
Public hearing.
(1) 
Within 60 days of the official submission date of a final plat in final form for approval, a hearing shall be held by the Planning Board. This hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing; provided, however, that when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § 123-12 of this article, and modified in accordance with requirements of such approval if such preliminary plat has been approved with modifications, the Planning Board may waive the requirements for such public hearing.
(2) 
If the Planning Board does not waive the requirements for a public hearing on the final plat, the subdivider shall mail notice of the public hearing to the same persons following the same procedures as required by § 123-12J of this chapter.
G. 
Action on proposed final subdivision plat.
(1) 
The Planning Board shall, by resolution, conditionally approve, conditionally approve with or without modification, disapprove or grant final approval and authorize the signing of such plat within 60 days of its receipt by the Chairman of the Planning Board if no hearing is held or, in the event that a hearing is held, within 60 days after the date of such hearing. This time may be extended by mutual consent of the subdivider and the Planning Board. Failure to take action on a final plat within the time, including extensions thereof, prescribed therefor shall be deemed approval of the plat.
(2) 
Upon resolution of conditional approval of such final plat, the Planning Board shall empower a duly authorized officer to sign the plat upon completion of such requirements as may be stated in the resolution. Within five days of such resolution, the plat shall be certified by the Chairman of the Planning Board as conditionally approved, and a certified copy shall be mailed to the subdivider. The copy mailed to the subdivider shall include a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved final plat. Upon completion of such requirements, the plat shall be signed by said duly authorized officer of the Planning Board. Conditional approval of a final plat shall expire 180 days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if, in its opinion, such extension is warranted in the circumstances, for not to exceed 12 additional periods of 90 days each.
[Amended 3-24-2011 by L.L. No. 3-2011]
H. 
Conditions for approval of final subdivision plat. The following conditions apply to the approval of all final subdivision plats unless specifically waived by the Planning Board in accordance with the waiver provisions established in this chapter:
(1) 
Improvements and security.
(a) 
After a final subdivision plat receives approval, it shall not be endorsed by the duly authorized officer of the Planning Board until the subdivider shall, at the sole option of the Planning Board:
[1] 
Complete all required improvements as specified in the Planning Board's approval, § 277 of the Town Law and this chapter to the satisfaction of the Planning Board, Town Highway Superintendent and Town Engineer, and all such improvements shall have been accepted by the Town Board, and file with the Town Board, prior to beginning work on said improvements, security to cover the full cost of providing, operating and maintaining all required erosion and sediment control measures and facilities in compliance with the approved erosion and sediment control plan. The form of security shall be of the following types: irrevocable letter of credit or cash. The security shall be satisfactory to the Town Board in all respects as to form, sufficiency and manner of execution; or
[2] 
Alternatively, file with the Town Board a security, complying with § 277 of the Town Law, satisfactory to the Town Board in all respects as to form, sufficiency and manner of execution. Such security shall be to the Town and equal in value to a maximum value of 90% of the full cost of all public improvements and all required erosion and sediment control measures and facilities as estimated by the Planning Board. The remainder, no less than 10% of the estimated cost, shall be deposited in cash or secured by an irrevocable letter of credit in escrow with the Town until all required improvements shall be accepted by the Town Board. However, the subdivider shall have the option to deposit with the Town the full cost of public improvements as estimated by the Planning Board, in cash or its equivalent, in a form and manner satisfactory to the Town Board.
(b) 
In the event that the subdivider commences construction of required public improvements as provided in Subsection H(1)(a)[1] herein and, after having completed a portion of such improvements, seeks to file a security with the Town for the remainder of the improvements. The Planning Board shall determine the full cost of all uncompleted improvements. The subdivider shall then file with the Town a security, as set forth in Subsection H(1)(a)[2] herein, for all uncompleted improvements.
(c) 
The subdivider shall also file with the Town security in an amount considered adequate by the Town Engineer and in a form satisfactory to the Town Board in order to assure the satisfactory condition and maintenance of the required improvements until such improvements are accepted by the Town. The applicant shall further file with the Town a sworn statement that there exist no liens or encumbrances upon the completed improvements.
(d) 
All security filed under this section shall run for a term to be fixed by the Planning Board, but in no case for a longer term than three years. However, if the improvements are not completed within said term, the Planning Board may request the subdivider to extend the term of the security, and if such security is not extended, then the Planning Board may consider the security in default.
(e) 
If the subdivider is not constructing the improvements in accordance with the filed schedule or if all required public improvements are not completed to the satisfaction of the Planning Board, Town Highway Superintendent and Town Engineer and are, therefore, not accepted by the Town, the Town may consider the subdivider in default and may use the 10% in cash or its equivalent being held by the Town to complete such improvements before proceeding to collect the additional security held.
(f) 
The Planning Board may waive, for such period of time as it may determine, the requirements to provide any or all of such improvements as, in its judgment, are not necessary in the interests of the public health, safety and general welfare. In the case of each waiver granted, the Planning Board shall enter upon its records the reason or reasons why the particular improvement is not necessary, and it shall attach appropriate conditions or require such guaranties as may be necessary to protect the public interest.
(2) 
Offer of dedication, deeds, easements, certificate of title and title insurance.
(a) 
The Planning Board, at the time of approval of the final subdivision plat, shall determine and indicate on the plat which of the streets, parks or easements should ultimately be dedicated to the public and conveyed to the Town for public purposes. Such dedication shall be subject to acceptance or rejection by the Town Board. Before the final plat is endorsed by the duly authorized officer of the Planning Board, the subdivider shall execute and deliver to the Town Board the following documents:
[1] 
An offer by the subdivider, for himself, his successors and assigns, to the Town for dedication to public use of the streets, parks and other properties so shown on said final plat. Such offer of dedication shall be in form for recording and satisfactory in form and substance to the Town Attorney. Upon acceptance, the subdivider shall pay the cost of recording said offer of dedication and any other resolutions, instruments or conveyances in furtherance of the acceptance thereof.
[2] 
A deed in fee simple absolute conveying title to all streets, parks and other properties shown on said final plat which are to be dedicated for public use. Such deed shall be in a form satisfactory to the Town Attorney and shall be held in escrow until accepted by the Town. Upon acceptance, the subdivider shall pay the cost of recording said deed of dedication and any other resolutions, instruments or conveyances in furtherance of the acceptance thereof.
[3] 
All easements and rights to discharge shown on the final plat to be dedicated for public use. Such instruments shall be in a form satisfactory to the Town Attorney and shall be held in escrow until accepted by the Town. Upon acceptance, the subdivider shall pay the cost of recording said instruments and any other resolutions, instruments or conveyances in furtherance of the acceptance thereof.
[4] 
A certificate of title, satisfactory to the Town Attorney, showing that the subdivider has marketable title to the lands to be dedicated. Such certificate shall be held in escrow until title is accepted by the Town.
[5] 
A title insurance policy in face amount of $5,000 covering the certificate of title required under Subsection H(2)(a)[4] above. Such policy shall be held in escrow until title is accepted by the Town.
(b) 
While said offer of dedication remains in force but unaccepted with respect to any street or other property offered for dedication, the subdivider shall not, without the prior consent of the Planning Board, encumber the offered land or perform any act which would prevent the subdivider from conveying title to said streets or other properties to the Town; and, specifically, no conveyance of any right in and to any streets, other than easement rights for ingress and egress or for the construction of utility services, shall be made to any individual or purchaser of property in the subdivision. No mortgage shall be made by the subdivider prior to the recording of such offer of dedication unless the same shall be made expressly subject to the rights of the public and the Town of Southeast under such offer of dedication. If there is any mortgage or any other encumbrance with respect to such premises, such mortgagee or encumbrancer shall join in the execution thereof or consent to the subordination of such encumbrances, which subordination shall also be recorded.
(c) 
In the event that any final subdivision plat shall become lawful for filing in the office of the Clerk of the County of Putnam by reason of the failure of the Planning Board to act with respect thereto within the time period required by law, then, and in such event, the Planning Board shall be deemed, for purposes of the foregoing provisions, to have required that all streets, parks and other properties shown on such final plat and all easements of any nature which are for the benefit of the public shall be deemed dedicated to the Town. All documents which are necessary to effectuate such dedication as previously set forth shall be so executed and delivered, and all requirements of §§ 276 and 279 of the Town Law and these Subdivision Regulations must be fully complied with.
(3) 
Inspection fee. The subdivider shall pay an inspection fee equal to the amount determined by multiplying the percentage fee listed in the Schedule of Town Fees times the cost of all required final plat improvements. Such cost shall be determined by the Planning Board and shall be based on current municipal costs at the time of final approval of the plat or a section thereof. The fee shall be paid to the Board for the use of the Town to enforce this chapter and to enforce the construction and installation of plat improvements in accordance with Town specifications and requirements.
I. 
Authorization for filing final plat by sections.
(1) 
Prior to granting its approval, the Planning Board may permit the final plat to be divided into two or more sections and may impose such conditions upon the delineation and filing of such sections as it deems necessary to assure the orderly development of the plat. Such authorization shall be conditioned upon a determination by the Planning Board that the sections are logical in their extent and that none contain less than 10% of the total lots in the proposed subdivision or resubdivision or less than 10% of the total area covered by the proposed subdivision or resubdivision, whichever is greater.
(2) 
No section shall be approved for filing prior to approval of the other section or sections upon which it will depend for street access and adequate traffic circulation, drainage or fire protection. Approval of such sections, subject to any conditions imposed by the Planning Board, shall be granted concurrently with the approval of the final plat, and the extent of each section and all conditions imposed shall be shown on the final plat. The Planning Board may deny approval for filing of any subsequent section if a prior section has not first been satisfactorily completed.
J. 
Filing of approved final subdivision plat. Upon completion of the requirements of this article and Article IV, the final plat or any section thereof shall be deemed to have final approval and it shall be signed by the duly authorized officer of the Planning Board. The original copy of the plat shall be returned to the subdivider, who shall file it in the office of the County Clerk, Any final plat or any section thereof not so filed or recorded within 60 days of the date upon which such plat is signed by the duly authorized officer of the Planning Board or considered approved by reason of the failure of the Planning Board to act shall become null and void. The subdivider shall provide the Town of Southeast with five copies of the full-size filed plat, to be distributed to the Town Engineer, the Planning Board, the Town Clerk, the Tax Assessor and the Building Inspector, and five copies of the filed plat and all construction drawings on eleven-inch by seventeen-inch or similar paper, to be distributed to the Town Engineer, the Planning Board, the Town Clerk, the Tax Assessor and the Building Inspector.
[Amended 11-18-2004 by L.L. No. 15-2004]
K. 
Plat void if revised after approval. No changes, erasures or modifications or revisions shall be made to any final plat or section thereof 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 final plat or section thereof is recorded without complying with this requirement, the same shall be considered null and void, and the Board shall institute proceedings to have the plat stricken from the records of the County Clerk.
L. 
Default on previously approved plats. No final plat or section thereof shall be approved by the Planning Board as long as the subdivider is in default with respect to this chapter on a previously approved plat or section thereof.
M. 
Fees and payments. No final plat or section thereof shall be signed by the duly authorized officer of the Planning Board until the subdivider has paid the required inspection fee and any required payments for park, playground and recreation areas.
N. 
Public acceptance of streets and drainage easements. The approval by the Planning Board of a final plat or section thereof, the submission of offers of dedication and the holding in escrow by the Town of any deeds, easements, certificates of title and title insurance policies shall not be deemed to constitute or be evidence of acceptance by the Town of any street, property or easement shown on such plat or sections thereof.
O. 
Ownership and maintenance of recreation areas. When a park, playground or other recreation area shall have been shown on a final plat or section thereof, the approval of such plat or section thereof 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 covering future deed and title, dedication and provision for the cost of grading, development, equipment and maintenance of any such recreation area.