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.
(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]
(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.
(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.
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]
(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.
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.
(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:
(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.
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.
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.
(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.
(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.
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.
