Upon completion of the requirements in Articles
V and
VI and notation to that effect upon the subdivision plat, the approval of public improvement and utility plan profiles and the submission of any and all required offers of dedication and performance assurance, as well as deposit of required inspection fees, the plat shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Planning Board (Chairman or Acting Chairman). The final plat may then be filed by the applicant in the office of the Orange County Clerk. Planning Board approval of a final plat shall not be deemed an acceptance by the town of any street or other land shown as offered for cession to public use.
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. In accordance with
§ 276 of the Town Law, the applicant may file a section
of the finally approved plat with the County Clerk. In these circumstances,
preliminary plat approval of the remaining sections of the plat shall
remain in effect for three years from the filing date of the first
section.
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
said 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 be considered null and void, and the Planning Board shall institute
proceedings to have the plat stricken from the records of the County
Clerk.
All public improvements required by the Town
of Hamptonburgh shall be shown on the approved subdivision map. The
design of said improvements shall be in accordance with all applicable
statutes, rules and regulations.
[Amended 9-2-2009 by L.L. No. 2-2009]
A. Improvements
to be completed before issuance of building permits. Notwithstanding
any contrary provisions in the Town Law or the subdivision regulations
of the Town of Hamptonburgh, the Planning Board shall grant final
approval and authorize the Chairman of the Planning Board to sign
any approved subdivision plat once the subdivider has complied with
all requirements of state, county and local laws, rules, statutes
and regulations governing subdivision approval. However, and notwithstanding
any contrary provisions in the Town Law or any other state or local
regulations, until all highway and other required public improvements,
as may be specified and required by the Planning Board to be installed
in any subdivision, have been completed and the Planning Board has
received written notification of the approval of the installation
of the improvements from the Superintendent of Highways and the Town
Engineer, no building permits for structures within the subdivision
shall be issued.
B. Approval
by Town Engineer required.
(1) The
required improvements shall not be considered to be completed until
the installation of the improvements has been approved by the Town
Engineer and a record drawing satisfactory to the Planning Board has
been submitted indicating the location of monuments and accurately
locating all public improvements as actually installed. The record
drawing shall be certified to the Town of Hamptonburgh as true and
accurate by a New-York-State-licensed professional land surveyor.
(2) If
the Town Engineer shall find, upon inspection of the improvements
performed by the developer, that any of the requirements have not
been constructed in accordance with the plans and specifications filed
by the subdivider and approved by the Planning Board, he shall so
report to the Town Board, Building Inspector and Planning Board. The
Planning Board Chairman shall not affix his signature to any subdivision
plat unless the Town Engineer shall certify that all required public
improvements have been constructed in accordance with the approved
subdivision plan and the rules and regulations of the Town of Hamptonburgh.
[Amended 6-30-2004 by L.L. No. 2-2004]
As a condition of acceptance of the public improvements,
the subdivider shall file with the Town Clerk 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 two years following
their completion and acceptance by the Town Board. Such bond shall
be in the form of a bank or certified check deposited with the Town
or a letter of credit issued by a duly licensed lending institution
authorized to do business in the State of New York. The bond is further
subject in all respects to the review and approval of the Town Attorney.