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.[1]
[1]
Editor's Note: Said Fee Schedule is on file in the town offices.
A. 
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 Town Clerk. They must show the layout 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.
B. 
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.
C. 
The preliminary layout shall serve as a key map to subdivisions subsequently laid out in sections on final plats.
D. 
All proposed improvements, except permitted accessory structures, must be shown within the buildable envelope.
[Added 6-30-2004 by L.L. No. 2-2004]
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 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.
A. 
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 by the subdivider 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 an existing or proposed county or state road, drainage easement, institution or park or within 500 feet of a town boundary, a copy of the preliminary submission shall be forwarded to the Orange County Department of Planning by the subdivider 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.
B. 
If public improvements are proposed, the preliminary submission shall be submitted to the Town Board and the Highway Superintendent.
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.
A. 
The Planning Board shall, within 62 days after the close of the public hearing, 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. If a final environmental impact statement is required, the Planning Board decision to approve, with or without modifications, or disapprove the preliminary plat shall be made within 30 days of filing of the final environmental impact statement.
B. 
When 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 and reasonable conditions of preliminary plat approval.
C. 
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 layout submitted on the preliminary plat as a guide to the preparation of the final plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of this chapter 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.
D. 
In the event that the Planning Board fails to act on a preliminary plat with the time required by law, the plat shall be deemed to have been 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.
E. 
Filing in sections shall be in accordance with § 120-43 hereof. At the time the Planning Board grants preliminary plat approval, it may permit the plat to be divided into two or more sections, subject to any conditions the Board deems necessary in order to ensure the orderly development of the plat.
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.