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.
[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.
(3) 
Prepare prints of the corrected final plat drawings and submit the following:
(a) 
Five paper prints of the subdivision and construction plans.
(b) 
Two reproducible prints of the subdivision plans.
(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]