A.
Full compliance with the provisions of Article 16
of the Town Law, 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 section.
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.
When any subdivision of land is proposed to be made
and to avoid violation of § 334 of the Real Property 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.
A.
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Planning Board at least 15 days prior to the regular meeting of the Board 10 copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article V, § 209-25, for the purposes of classification and preliminary discussion.
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.
(2)
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, § 209-8 of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ 209-9 through 13..
(3)
The Planning Board may require a deed restriction
limiting the resubdivision of any parcel of land large enough to be
legally subdivided or resubdivided under the provisions of the Zoning
Ordinance. The intent of the deed restriction will be as follows:
(a)
No more than a total of four lots may be created
either simultaneously or sequentially from a "parent parcel" under
classification as a minor subdivision. Should more than that total
number of lots be applied for at any time in the future, the applicant
will have to include all information required of a major subdivision
for the previously subdivided lots as well as for the lots under consideration
in the application.
(b)
No more than a total of 49 lots may be created
either simultaneously or sequentially from a "parent parcel" for which
both central sewer and water services do not exist (Note: subject
only to the waiver of the State Commissioner of Health, if the soils
warrant it.). Should more than that total number of lots at any time
be applied for, the applicant will have to include a plan for providing
central sewer and water services to the previously subdivided lots
at no additional costs to their present owners, as part of his present
application for subdivision.
C.
Study of sketch plan. The Planning Board shall, within
six months, determine whether the sketch plan meets the purposes of
these regulations and shall, where it deems it necessary, make specific
recommendations in writing to be incorporated by the applicant in
the next submission to the Planning Board.
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 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 V, § 209-26. All applications for plat approval for minor subdivisions shall be accompanied by a fee (see fee schedule). A stormwater pollution prevention plan (SWPP) consistent with the requirements of Chapter 203, Stormwater Management, shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 249, Article XVIIA, of the Municipal Zoning Code.
[Amended 8-24-2006 by L.L. No. 10-2006]
B.
Number of copies. Ten copies of the subdivision plat
shall be presented to the Secretary of the Planning Board at least
10 days prior to a scheduled monthly meeting of the Planning Board.
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 at least 10 days prior to which the application for plat approval, complete and accompanied by the required fee and all data required by Article V, § 209-26, of these regulations, has been filed with the Secretary of the Planning Board.
E.
Endorsement of state and county agencies. If the site
borders a county or state road, copies of the preliminary submission
shall be forwarded to the Orange County Department of Public Works
and/or 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. If the site lies within 500 feet of a county
or state road, drainage easement, institution or park, or within 500
feet of a municipal boundary, a copy of the preliminary submission
shall be forwarded to the Orange County Department of Planning in
time for its comments to be returned and read into the minutes of
the public hearing.
F.
Public hearing. A public hearing shall be held by
the Planning Board on all plats submitted in final form within 45
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 certified mail to the owners of property abutting the proposed
subdivision within 300 feet and directly across any adjoining street
and to any other persons whom the Board may deem to be particularly
affected.
G.
Action on subdivision plat. The Planning Board shall,
within 45 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, or if the Board fails to
disapprove the minor subdivision plat within the 45 days prescribed
above, the plan shall be deemed approved.
H.
Filing. Upon approval, the final plat shall be properly
signed by the duly authorized persons and shall be filed by the applicant
in the office of the County Clerk. Any minor subdivision plat not
so filed or recorded within 60 days of the date upon which such plat
is approved, or considered approved by reason of the failure of the
Planning Board to act, shall become null and void. The applicant shall
submit six copies of the final plat showing the endorsement of the
County Clerk to the Board's Secretary within 30 days of the date of
filing.
I.
Extension. Notwithstanding the foregoing provisions
of this section, the Planning Board may extend the time for filing
and recording such plat, if in its opinion such intention is warranted
by the particular circumstances thereof, for not to exceed two additional
periods of 90 days each.
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 V, § 209-27, 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 V, § 209-27, of these regulations, except where a waiver may be specifically authorized by the Planning Board. The filing fee shall be in accordance with the Town Fee Schedule for each lot covered by the proposed subdivision, including each lot reserved to the owner and each lot dedicated for public use.
B.
Purpose.
(1)
The preliminary layout and the supporting documents
for a proposed subdivision constitute the material to be officially
submitted to the Planning Board, and later one copy shall become the
official record of the Municipal Clerk. They show the general design
of the subdivision and its public improvements, so that the Planning
Board can indicate its approval or disapproval of the subdivision
prior to the time that the final plat, including the design and detailing
of the public improvements and utilities, is completed. Approval of
the preliminary layout does not constitute an approval of the final
plat, nor should it be considered a valid basis for the construction
of site improvements or for other commitments which depend upon its
design characteristics.
(2)
When revision of the proposed subdivision is required,
the preliminary layout shall be revised accordingly, so that the files
of the Planning Board and other municipal officials will be current.
(3)
The preliminary layout shall serve as a key map to
subdivisions subsequently laid out in sections on final plats.
C.
Number of copies. The application for approval of the preliminary plat, complete with 10 copies of the preliminary plat and accompanied by the required fee and all data required by Article V, § 209-27, of these regulations, shall be filed with the Secretary of the Planning Board at least 15 days prior to a regular monthly meeting of the Planning Board. A proposed submission which does not include all the required drawings and documents will not be accepted for filing.
D.
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.
E.
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, 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. A stormwater pollution prevention plan (SWPP) consistent with the requirements of Chapter 203, Stormwater Management, shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 249, Article XVIIA, of the Municipal Zoning Code.
[Amended 8-24-2006 by L.L. No. 10-2006]
F.
Endorsement of state and county agencies. If the site
borders a county or state road, copies of the preliminary submission
shall be forwarded to the Orange County Department of Public Works
and/or 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. If the site lies within 500 feet of existing
or proposed county or state road, drainage easement, institution or
park, or within 500 feet of a municipal boundary, a copy of the preliminary
submission shall be forwarded to the Orange County Department of Planning
not less than 10 days prior to a hearing so that its comments may
be returned and read into the minutes of the public hearing.
G.
Referral. If the preliminary plat for subdivision
of land occurs within 500 feet of the municipal boundary, a copy of
the preliminary plat shall be sent by the Planning Board Secretary
to the appropriate municipal official of the adjoining community,
indicating whether the proposed subdivision is in reasonable harmony
with its Master Plan. Any written communication will be considered
if received prior to the public hearing date on the preliminary plat.
H.
Preliminary public hearing. The Planning Board must
hold a public hearing within 45 days after the receipt of such plat
by the Secretary of the Planning Board. The hearing must be advertised
at least once in a newspaper of general circulation in the Town at
least 10 days before it is held and by posting notice thereof by certified
mail to the owners of property within 300 feet of the proposed subdivision,
except when the site is within the R-2 Residential District where
all property owners within 500 feet of the site shall be noticed and
except when the site is within those zones designated RA Rural-Agricultural
District and RA-1 Low-Density Agriculture District, where all property
owners within 1,000 feet of the site shall be noticed and to any other
persons whom the Board may deem to be particularly affected.
[Amended 4-27-2017 by L.L. No. 3-2017]
I.
Approval of the preliminary plat. The Planning Board
shall take action within 45 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. When so approving 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 (1) the specific changes which it will require in
the preliminary plat, (2) 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, (3) the amount of improvement or the
amount of all bonds therefor which it will require as prerequisite
to the approval of the subdivision plat. 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. 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. 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; this certificate is sufficient in lieu of
any other evidence of approval of the preliminary plat.
J.
Expiration of approval. Planning Board approval of
a preliminary layout submission shall expire six months after the
date of such formal action. 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.
A.
Application for approval and fee. The subdivider shall, within six months 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 after the approval of the preliminary plat, the Planning Board may refuse to approve the final plat and require resubmission of the preliminary plat. A stormwater pollution prevention plan (SWPP) consistent with the requirements of Chapter 203, Stormwater Management, and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 249, Article XVIIA, of the Municipal Zoning Code. The approved final subdivision plat shall be consistent with the provisions of Chapter 203, Stormwater Management, of the Town of Wallkill.
[Amended 8-24-2006 by L.L. No. 10-2006]
B.
Purpose.
(1)
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 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 Municipal Engineer or other
delegated municipal 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.
(2)
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 three copies
of the application and 10 copies (one copy in ink on linen) of 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 10 days in advance of the regular monthly Planning Board
meeting at which it is to be officially submitted. At the same time,
if he intends to request any waiver of the requirements of standards
provided for in these regulations in connection with final plat approval,
a statement applying 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 10 days prior to which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by Article V, § 209-28, 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 municipal, 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.
F.
Performance bond estimate. The Commissioner of Public
Works or other delegated municipal officer shall prepare a performance
bond estimate, seven copies, 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 45 days of its submission.
Notice of the hearing must be published at least once in a newspaper
of general circulation in the Town at least 10 days before the hearing
and by posting notice thereof by certified mail to the owners of property
within 300 feet of the proposed subdivision, except when the site
is within the R-2 Residential District where all property owners within
500 feet of the site shall be noticed and except when the site is
within those zones designated RA Rural-Agricultural District and RA-1
Low-Density Agriculture District, where all property owners within
1,000 feet of the site shall be noticed and to any other persons whom
the Board may deem to be particularly affected. 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.
[Amended 4-27-2017 by L.L. No. 3-2017]
H.
Action on proposed subdivision plat. The Planning
Board shall, within 45 days from the date of the public hearing on
the subdivision plat, if one is held, or within 45 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 45 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:
A.
Improvements.
(1)
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 V, § 209-25B, Article V, § 209-27E, and Article VI, §§ 209-29, 209-30 and 209-31).
(a)
Paved streets.
(b)
Curbs or gutters.
(c)
Water mains and fire hydrants.
(d)
Sidewalks.
(e)
Sanitary sewage disposal.
(f)
Storm drainage system.
(g)
Street signs.
(h)
Streetlighting.
(i)
Street trees.
(j)
Seeding or sodding of planting strips, with
lawn grass.
(k)
Post office street numbering approval.
(2)
"As built" plans. At the time final subdivision approval
is granted, the design professional representing the developer shall
provide the Town of Wallkill with a bond in the sum of 4% of the estimated
capital improvement cost to insure that he will provide the Town with
a final set of "as built" plans showing the exact location of all
utilities.
B.
Performance bond.
(1)
A performance bond or equivalent security shall be
delivered to the municipality to guarantee to the municipality 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 municipality free and clear
of encumbrances.
(2)
Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection B(2)(a) or (b) below:
(a)
In an amount set by the Planning Board from
an estimate prepared by the Commissioner of Public Works the subdivider
shall either file with the Municipal Clerk a certified check to cover
the full cost of the required improvements or the subdivider shall
file with the Municipal Clerk a performance bond issued by a bonding
or surety company 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
Municipal 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 the consent of the parties thereto.
(b)
The subdivider shall complete all required improvements
to the satisfaction of the Commissioner of Public Works, who shall
file with the Planning Board a letter signifying the satisfactory
completion of all improvements required by the Board. For any required
improvements not so completed the subdivider shall file with the Municipal
Clerk a bond or certified check covering the costs of such improvements
and the cost of satisfactorily installing any improvement not approved
by the Commissioner of Public Works. Any such bond shall be satisfactory
to the Town Board and Municipal Attorney as to form, sufficiency,
manner of execution, and surety.
(3)
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Commissioner of Public Works and a map satisfactory to the Town Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection B(2)(b), then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection B(2)(a) above, such bond shall not be released until such a map is submitted. The Town Board shall release the bond upon certification of the Commissioner of Public Works and Municipal Attorney that all requirements of the bond have been satisfied.
(4)
The subdivider shall complete all required improvements
or post the required performance bond either or both to the satisfaction
of the Town Board before any building permits will be issued.
(5)
If the Town Board shall decide at any time during
the term of the performance bond 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 bond, 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 bond, 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 bond,
the Planning Board may modify its requirements for any or all such
improvements, and the face value of such performance bond 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 with the
bond may be reduced or increased proportionately.
C.
General liability insurance.
(1)
Procedure. The general contractor shall file with
the Municipal Attorney a general liability insurance policy at the
same time as he files his performance bond. The Town Board shall approve
the policy as to form. The policy shall be in force during the term
of the performance bond and shall be extended in conformance with
any extension of the performance bond.
(2)
Coverage. The policy shall insure the municipality
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 $100,000 for bodily
injury to each person and $300,000 liability on the aggregate for
each accident, and property damage liability of $5,000 for each accident
and $25,000 aggregate property damage liability or such higher limits
as the Town Board may require.
D.
Maintenance bond. The subdivider shall file with the
Town Board a maintenance bond in an amount based on a maximum of 10%
of the performance 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 bond shall be satisfactory to the Municipal Attorney
as to form, manner or 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 Commissioner of Public
Works that unforeseen conditions make it necessary or preferable to
modify the location or design of such required improvements, the Commissioner
of Public Works may authorize modifications, provided 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 Commissioner of Public
Works shall issue any authorization under this section in writing
and shall transmit a copy of such authorization to the Planning Board
at its next regular meeting.
F.
Supervision of improvements. The construction of all
required improvements shall be supervised by the Commissioner of Public
Works 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.
Inspection.
(1)
Routine inspection.
(a)
All improvements will be inspected by the Commissioner
of Public Works to insure satisfactory completion. In no case shall
any paving (including prime and seal coats) work be done without permission
from the Commissioner of Public Works. At least five days' notice
shall be given to the Commissioner of Public Works prior to any such
construction, so that a representative of the municipality may be
present at the time work is to be done. The Commissioner of Public
Works 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:
(b)
If the Commissioner of Public Works or other
duly designated official does not carry out inspection of required
improvements during construction, the subdivider or the bonding 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 municipal 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
bond covering such improvements and utilities.
(3)
Inspection fee. The developer shall be charged an
hourly rate for inspections.
H.
Proper installation of improvements. If the Commissioner
of Public Works shall find, upon inspection of the improvements performed
before the expiration date of the performance bond, 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 bonding
company, and take all necessary steps to preserve the municipality's
rights under the bond. The Town Board may thereupon declare the performance
bond in default and collect the sum remaining payable thereunder,
and upon receipt of the proceeds thereof the municipality shall install
such improvements as are covered by such performance bond 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.
A.
Final approval and filing. Upon completion of the requirements in §§ 209-10 and 209-11 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 has had the approval of the Municipal Attorney. 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 municipality 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 in the following
manner:
(1)
Subdivider: all original final plat drawings and the
two opaque cloth litho prints, 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)
Municipal Clerk: one opaque polyester or cloth litho
print from the Orange County Clerk's office showing the official file
date.
(5)
Municipal Superintendent of Highways: one paper print
each of the final plat and the public improvement plan.
(6)
Planning Board: one tracing cloth litho print and
one paper print of the final plat and the public improvement and utilities
plan and profiles.
C.
Expiration of approval.
(1)
The final approval of a final plat, or the certificate
of the Municipal Clerk as to the failure of the Planning Board to
act within the time required by law, shall expire within 30 days after
the date of the signing of the plat by the Planning Board Chairman,
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 § 239-k of the General Municipal Law.
(2)
Upon application by the subdivider, the Planning Board
may extend the time for filing and recording such plat, if in its
opinion such intention is warranted by the particular circumstances
thereof, for not to exceed two additional periods of 90 days each;
provided, however, that the plat be revised according to any change
in regulations or ordinance applicable to the plat subsequent to the
first resolution.
(3)
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 insure 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, plat approval on the remaining section
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 Registrar 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 the 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 institute proceedings to have the plat
stricken from the records of the County Clerk.
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 municipality 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 municipal legislature covering future deed and title, dedication,
and provision for the cost of grading, development, equipment, and
maintenance of any such recreation area.
