The subdivider shall, prior to the expiration
of the preliminary plat, file with the Planning Board an application
for approval of the subdivision plat in final form, upon forms available
from the Secretary of the Planning Board. All applications for plat
approval for subdivisions shall be accompanied by a fee in accordance
with the Standard Schedule of Fees.[1] If a final plat is submitted for only a portion of the
subdivision shown on the approved preliminary plat, an additional
filing fee shall be paid for each final section submitted after the
first final section is approved.
[1]
Editor's Note: Said Fee Schedule is on file
in the town offices.
A.
The final plat and supporting drawings and documents
for a proposed subdivision constitute the complete development of
the subdivision proposal and include the results of the Planning Board
review of the Land Development Plan and 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 Town Board,
becomes the basis for the construction of the subdivision and the
inspection services by the town and by the Town Engineer or other
delegated town officer or agent.
B.
The final plat shall be an accurate survey record
of the properties resulting from the subdivision.
A subdivider intending to submit a proposed
subdivision plat for the final approval of the Planning Board shall
provide the Secretary of the Planning Board with 10 copies of the
application and 10 copies of the plat, at least 15 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 this chapter
in connection with final plat approval, a statement applying for such
waiver shall be filed with the final plat submission.
The time of submission of the subdivision plat
shall be considered to be date of the regular monthly meeting of the
Planning Board at least 15 days prior to which the application for
approval of the subdivision plat, complete and accompanied by the
required fee and all data required by this chapter, has been filed
with the Secretary of the Planning Board.
All other governmental agency approvals required
by law, such as state and county agencies, shall be issued prior to
the Planning Board granting unconditional final approval.
[Amended 6-30-2004 by L.L. No. 2-2004]
The Town Engineer or other delegated town officer
shall prepare a performance bond estimate, which will be submitted
to the Town Board at the time of submission of recommendations on
the final plat.
The Planning Board must hold a hearing as required
by § 276, Subdivision 6, of the Town Law. 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.
In addition, the hearing will be advertised by posting notice thereof
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 receipts as proof of such
notification. 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.
A.
The Planning Board shall, within 62 days from the
date of the public hearing on the subdivision plat, if one is held,
or within 62 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 an extension of this time
by mutual consent of the subdivider and the Planning Board. In the
event that the hearing is not held, or if the Planning Board fails
to disapprove the plat within the 62 days prescribed above, the plat
shall be deemed approved as submitted. If a final environmental impact
statement is required, the Planning Board decision to approve, with
or without modifications, or disapprove the final plat will be made
within 30 days of filing of the final environmental impact statement.
If the plat is approved, the subdivider shall carry out the following
steps prior to obtaining the Chair's signature of approval:
(1)
Make all required corrections or changes to the satisfaction
of the Planning Board.
(2)
Obtain a performance surety and a general liability
insurance policy naming the town as an additional insured and submit
them to the Town Attorney and Town Board for approval as to form and
amount.
(4)
Pay all required fees and present the Chairman with
receipts therefor.
B.
Default approval of preliminary or final plat. The
time periods prescribed herein within which the Planning Board must
take action on a preliminary or final plat are specifically intended
to provide the Planning Board and the public adequate time for review
and to minimize delays in the processing of subdivision applications.
Such periods may be extended only by mutual consent of the owner and
the Planning Board. In the event that the Planning Board fails to
take action on a preliminary or final plat within the time prescribed
therefor after completion of all requirements under the State Environmental
Quality Review Act,[1] or within such extended period as may have been established
by the mutual consent of the owner and the Planning Board, such preliminary
or final plat shall be deemed granted approval. The certificate of
the Town Clerk as to the date of submission of the preliminary or
final plat and the failure of the Planning Board to take action within
the prescribed time shall be issued on demand and shall be sufficient
in lieu of written endorsement or other evidence of approval herein
required.
[1]
Editor's Note: See Environmental Conservation
Law, Article 8.
[Added 6-30-2004 by L.L. No. 2-2004]
The owner/builder of each lot shall be allowed
to relocate the dwelling shown on the approved final plan without
further Planning Board approval, provided the following requirements
are met. If all of these requirements cannot be met, the matter must
be referred back to the Planning Board for further review.
A.
The relocated dwelling remains on 80% of the area
of the originally approved dwelling location.
[Amended 4-3-2006 by L.L. No. 3-2006]
B.
The relocated house is within required setback lines.
C.
The well shall not be relocated and the sewage disposal
system shall not be relocated off the area where approved percolation
tests were recorded. If the project was approved by the Orange County
Department of Health, relocation of wells and sewage disposal systems
are subject to all terms and conditions of such approval, including
the prohibition of any such relocation, if so stated.
D.
The driveway meets maximum grade requirements.
E.
The sewage from the dwelling will discharge by gravity
to the sewage disposal field unless a lift or pump station has already
been approved for the lot.
F.
Drainage patterns on the lot may not be changed so
as to adversely impact adjacent properties.
G.
Driveway curb cut or lot access may not be relocated.
H.
House location shall not be shifted onto an environmentally
sensitive site feature such as a federal or state wetland or buffer
I.
House location shall not be shifted into a previously
approved agricultural buffer.
J.
House shall not be shifted in a location which is
otherwise in contravention of a requirement of the subdivision regulations,
zoning law, as may be amended, or of the findings or determination
under the SEQRA for the subdivision for which the house lot is a part
K.
In the event the proposed dwelling relocation cannot
meet the above criteria and the matter is therefore referred to the
Planning Board for further review, the Planning Board must hold a
public hearing regarding the owner's/builder's request to relocate
the dwelling. The public hearing must be advertised at least once
in a newspaper of general circulation in the Town at least five days
before the hearing, and the owner/builder 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
at least five days before the hearing. The applicant shall provide
certified mail return receipts as proof of said notification. The
Planning Board shall, within 62 days after the close of said public
hearing, approve, with or without modifications, or disapprove the
requested dwelling relocation. This time may be extended upon mutual
consent of the owner/builder and the Planning Board.
[Added 4-3-2006 by L.L. No. 3-2006]
