After completion of the conceptual plan review
by the Planning Board, the applicant shall file an application for
the consideration of a preliminary plat of the proposed subdivision,
in the form provided by the Planning Board. The preliminary plat shall,
in all respects, comply with the applicable requirements of the New
York State Town Law and of this chapter. The fees required by the
Standard Schedule of Fees for the Town of Hamptonburgh shall be paid
by the applicant.
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 this chapter, shall be
filed with the Secretary of the Planning Board at least 15 days prior
to the next 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.
The subdivider or his duly authorized representative
shall attend the meeting of the Planning Board to discuss the 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. The
Board will consider the conformance of the preliminary plat to the
approved Land Development Plan, if one was required.
If the preliminary plat for subdivision of land
occurs within 500 feet of the town boundary, a copy of the preliminary
plat shall be sent by the Planning Board Secretary to the appropriate
town official of the adjoining community.
The Planning Board must hold a public hearing
as required in § 276, Subdivision 5, of the Town Law, 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 five days before the hearing if no
hearing is held on the draft environmental impact statement or 14
days before a hearing held jointly with the draft environmental impact
statement, and the applicant shall cause notice to be sent by certified
mail to the owners of property within 500 feet and to any other persons
whom the Board may deem to be particularly affected. The applicant
shall provide certified mail return receipts as proof of such notification.
Planning Board approval of a preliminary layout
submission shall expire six months after the date of such formal action
unless extended by the Planning Board. No Planning Board action will
be taken after such expiration until a new application and filing
fee are submitted. A waiver for a reasonable period of time may be
given at the discretion of and upon petition to the Planning Board.