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.
A. 
The final approval of a final plat or the certificate of the Town Clerk as to the failure of the Planning Board to act within the time required by law shall expire within 62 days after the date of the Planning Board resolution authorizing the Chairman to sign the drawings, or from the date the certificate is issued, unless filing of the plat or a section thereof is accomplished by that time in the office of the Orange County Clerk.
B. 
Upon application by the subdivider, the Planning Board may extend the time for filing and recording such plat, if in its opinion such extension is warranted by the particular circumstances thereof, for not to exceed two additional periods of 90 days each; provided, however, that the plat shall be revised according to any change in regulations or ordinance applicable to the plat subsequent to the first resolution.
C. 
Expiration of an approval shall mean that any further action will require a new filing fee as well as a review of all previous findings.
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.
A. 
The applicant shall deliver a certification of title showing that the applicant is the record owner of the premises.
B. 
The applicant shall deliver written offers of irrevocable dedication to the town for all proposed public improvements in such form as is acceptable to the Town Attorney.
C. 
In addition to the foregoing, there shall be a report by the Town Engineer stating that the subdivider has complied with one or both of the following alternatives:
(1) 
All or part of the improvements have been installed in accordance with the requirements of this chapter and with the action of the Planning Board granting conditional approval of the plat; or
(2) 
A report by the Town Attorney stating that a performance assurance in the form of a letter of credit or certified check has been posted available to the town in sufficient amount to assure completion of all required improvements, as recommended by the Town Engineer.
[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.
A. 
Procedure. The subdivider shall file with the Town Attorney a general liability insurance policy at the same time as he files his performance bond. The Town Board shall approve the policy as to form. The policy shall be in force during the term of the performance bond and shall be extended in conformance with any extension of the performance bond.
B. 
Coverage. The policy shall insure the town and the subdivider and shall cover all operations in the development involving existence and maintenance of property and buildings and contracting operations of every nature, including all public improvements. Said policy shall have the limits of liability of $1,000,000 for bodily injury to each person and $3,000,000 liability in the aggregate for each accident and property damage liability of $100,000 for each accident and $300,000 aggregate property damage liability or such higher limits as the Planning Board may require.
[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.