Prior to official submission of the subdivision plat to the Planning Board, the owner shall submit the plat to the appropriate state, county and local agencies and shall secure their endorsement and approval. Applications for approval of plans for sewer or water facilities will be filed by the owner with all necessary local, county and state agencies.
Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the Tioga County Health Department and/or the District Engineer of the New York State Department of Health, if applicable.
The subdivision plat shall be reviewed by the Subdivision Administrator for compliance with these Subdivision Regulations and any Master Plan and any other ordinance, including Sewer Ordinance and Wastewater Ordinance.[1]
[1]
Editor's Note: See Ch. 141, Wastewater Management.
If any part of the proposed subdivision is within 300 feet of an existing or proposed county highway, the subdivision plat must be submitted to the County Highway Department Superintendent for endorsement and approval.
If any part of the proposed subdivision is within 300 feet of an existing or proposed state highway, the subdivision plat must be submitted to the District Engineer of the New York State Department of Transportation for endorsement and approval.
A. 
The owner shall, within six months after the date of the transmittal letter returning the plat showing the conditional approval of the preliminary subdivision plat, file with the Planning Board an application for approval of the subdivision plat in final form. If the final plat is not submitted within such time after the conditional approval of the preliminary plat, the Planning Board may refuse to approve the final plat and may require a resubmission of the preliminary plat.
B. 
The application shall:
(1) 
Be made on the appropriate forms provided by the Planning Board.
(2) 
Include the entire subdivision or that part for which the owner is requesting subdivision approval.
(3) 
Comply in all respects with the conditionally approved preliminary subdivision plat.
(4) 
Be accompanied by the construction detail drawings.
(5) 
Be endorsed by the District Engineer of the State Department of Health.
(6) 
Be endorsed by the County Highway Superintendent if the proposed subdivision is within 300 feet of an existing or proposed county highway and also endorsed by the Town Highway Superintendent for town highways.
(7) 
Be endorsed by the New York State Department of Transportation District Engineer if the proposed subdivision is within 300 feet of an existing or proposed state highway.
(8) 
Include offers of cession to all streets, parks and public areas.
(9) 
Include any other information which the Planning Board considers pertinent.
An owner intending to submit a proposed subdivision plat for the approval of the Planning Board shall provide the Planning Director with a copy of the application and two copies of the plat, on standard sheets 30 inches by 40 inches, the original and one true copy of all offers of cession, covenants and agreements and two prints of all construction detail drawings, at least 15 days in advance of the regular monthly Planning Board meeting at which it is to be officially submitted.
A. 
For conditional approval, the final subdivision plat shall be accompanied by separate construction detail sheets, at a maximum scale of one inch equals 50 feet, which shall be submitted to the Planning Board.
B. 
All plans shall conform to the following specifications and shall be subject to the approval of the Subdivision Administrator:
(1) 
Plans and profiles shall show existing proposed elevations along center lines of all streets within the subdivision and, where a proposed street intersects an existing street, the elevation along the center line of the existing street within 100 feet of the intersection.
(2) 
Plans and profiles shall show the locations of street pavements, including curbs, gutters, sidewalks, manholes and catch basins, and including preliminary design of any bridges or culverts which may be required.
(3) 
Plans shall show the location, size and invert elevations of existing and proposed sanitary sewers, stormwater drains, water mains and fire hydrants.
(4) 
Plans shall show the location and size of gas, electricity, telephone and other utilities or structures.
Soil percolation tests shall be required to be conducted in all proposed subdivisions for conditional approval, where no public sewers are available, as follows:
A. 
Soil percolation tests shall be conducted according to the most recent standards set by the State Department of Health.
B. 
Tests should be made to ascertain the surface soil, rock and groundwater conditions, the depth to groundwater, unless the test pits are dry at a depth of five feet below finished grade, and the location and results of soil percolation tests if individual sewage disposal is contemplated.
C. 
Tests will be required on a basis of one test for each 20,000 square feet of area in said subdivision but in no case less than three test holes remote from each other. Tests shall be conducted in what the Engineer considers a logical pattern.
D. 
The enforcement officer shall be notified at least 48 hours prior to the time such tests are to be taken and may be privileged to observe tests at any time or may require further testing or soil investigation if there is any question about results or findings.
E. 
Soil test results shall appear on the final subdivision plat which is to be approved and recorded.
Other supporting data for final approval shall be submitted as follows:
A. 
Updated data from the sketch plan submission.
B. 
Time schedule of operations.
C. 
A copy of such covenants or deed restrictions as are intended to cover all or part of the tract.
The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Board at which such plan is considered.
A. 
Before final approval of the subdivision plat is given, a public hearing shall be held by the Planning Board within 45 days after the official time of submission of the subdivision plat for approval. This hearing shall be advertised as prescribed by law.
B. 
The owner, subdivider and/or their representatives shall attend the public hearing to be able to answer any questions concerning the subdivision plat.
C. 
The public hearing will be closed after all interested parties have been heard.
D. 
However, when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § 125-27 of this chapter, and modified in accordance with the requirements of such approval if such preliminary plat has been approved with modification, the Planning Board may waive the requirement for such public hearing. The Planning Board shall, by resolution, conditionally approve with or without modification, disapprove or grant final approval and authorize the signing of such plat within 45 days of its receipt by the Town Clerk if no such hearing is held or, in the event that such hearing is held, within 45 days after the date of such a hearing. Notwithstanding the foregoing provisions of this chapter, the time in which the Planning Board must take action on such plat may be extended by mutual consent of the owner and the Planning Board.
E. 
Upon a resolution of conditional approval of such final plat, the Planning Board shall empower a duly authorized officer to sign the plat subject to completion of such requirements as may be stated in the resolution. Within five days of such resolution the plat shall be certified by the Town Clerk as conditionally approved and a copy filed in his/her office and a certified copy mailed to the owner, including a certified statement of such requirements which when completed will authorize the signing of the conditionally approved final plat. Upon completion of such requirements, the plat shall be signed by said duly authorized officer of the Planning Board. Conditional approval of a final plat shall expire within 180 days after the date of the resolution granting conditional approval unless such requirements have been certified as completed.
A. 
After careful study, the Planning Board shall, within 45 days from the public hearing, approve, modify or disapprove the subdivision plat. The grounds for disapproval of any plat shall be stated in the minutes of the meeting of the Planning Board at which such action was taken.
B. 
The Planning Board shall state, in writing, the character and extent of public improvements required for which waivers may have been requested by the owner and which in the judgment of the Planning Board may be waived without jeopardy to the public health, safety and general welfare. The Planning Board minutes shall show the specific reasons for the waivers, being careful to ascertain that these waivers are due to particular characteristics of this subdivision and are not generally found among other subdivisions.
C. 
If the subdivision plat is rejected, the owner may make corrections and/or file the required information. The Planning Board will have the power of decision as to whether a further public hearing is necessary.
D. 
The action of the Planning Board shall be noted on two copies of the subdivision plat. One copy shall be returned to the owner and the other retained by the Planning Board.
E. 
Approval of a subdivision plat shall expire two years from the date of approval if no substantial construction of the subdivision has been accomplished. An extension for a period of one year may be granted by the Planning Board upon application, unless changed conditions or new information indicate the unsuitability of the development as shown on the subdivision plat.
A. 
The final subdivision plat shall conform substantially to the approved preliminary subdivision plat.
B. 
The Planning Board may permit the final subdivision plat to be divided into sections, subject to such conditions as it deems necessary to assure orderly development of the subdivision.
C. 
Any subdivision, or section thereof, which has not been recorded within three years of the recording of the previous section shall be subject to complete review of the Planning Board for such action as it deems necessary.
D. 
A certificate by a professional engineer that any required improvements constructed by the owner have been designed and inspected and meet the minimum standards in these regulations or as otherwise required by law.
E. 
A performance bond, approved by the Town Board and Town Attorney as to form, sufficiency, manner of execution and surety, for the completion of such required improvements as have not been constructed.
F. 
Offers of cession, in a form certified as satisfactory by the Town Attorney, of all land to be dedicated for streets, easements, parks and other facilities.
G. 
Drawings, certified by a land surveyor, showing the location of all required improvements that may have been constructed prior to final plat submission.
The following information shall be submitted for consideration on a final major subdivision plat:
A. 
All information required on the preliminary subdivision plat, updated and accurate, indicating actual layout, areas and dimensions of the subdivision.
B. 
The street lines, pedestrian ways, lots, reservations, easements and areas to be dedicated to public use.
C. 
Sufficient data acceptable to the enforcement officer to readily determine the location, bearing and length of every street line, lot line and boundary line and to reproduce such lines upon the ground. Where applicable, these should be referenced to monuments included in the state system of plane coordinates and, in any event, should be tied to reference points previously established by a public authority.
D. 
The length and bearing of all straight lines, radii, length of curves and central angles of all curves and tangent bearings shall be given for each street. All dimensions shall be shown in feet and decimals of a foot and shall be given together with all angles of the lines of each lot and lot area in square feet.
E. 
The location, dimensions and names of all sites for multifamily, commercial, industrial, public and nonpublic uses.
F. 
The boundaries and proposed uses of all property which is offered for dedication for public use.
G. 
The boundaries and proposed uses of all property that is proposed to be reserved by deed or covenant for the common use of property owners in the subdivision.
H. 
The location, material and size of all monuments.
I. 
The street numbers for "911" purposes, of each lot within the subdivision.
Before any subdivision plat can be approved by the Planning Board, the owner shall file either a performance bond or a certified check as follows:
A. 
The owner shall file with the Town Board a bond in the amount estimated by the Subdivision Administrator to secure the satisfactory construction and installation of the uncompleted parts of all required improvements.
B. 
The bond shall guarantee the construction and installation of all streets and other required improvements in accordance with standards and requirements set forth in these regulations.
C. 
The Planning Board shall specify the time period within which the required improvements must be completed, and this period shall be expressed in the bond.
D. 
In the event that any of the required improvements have not been completed under the terms of the bond, the Town Board, upon recommendation of the Subdivision Administrator, shall declare the bond to be in default and shall collect the sum remaining payable thereunder.
E. 
The bond shall provide that an amount determined adequate by the administrative officer shall be retained for a period of one year after the date of completion of the required improvements, to assure their satisfactory condition. Such amounts shall be determined in accordance with such guidelines as may be promulgated by the Town Board from time to time.
A. 
Formal offers of cession by the owner of all streets, rights-of-way, parks and other sites for public use shall be presented to the Planning Board prior to subdivision plat approval.
B. 
Notation shall be made on the subdivision plat of any streets, rights-of-way, parks and other sites specifically reserved by the owner and for which formal offers of cession to the public are not made.
C. 
The subdivision plat shall be endorsed with the necessary agreements in connection with required easements or releases.
A. 
After careful study, the Planning Board shall, within 45 days from the date of the public hearing on the final subdivision plat, approve or disapprove the plat.
B. 
If the final plat is disapproved, the grounds for such action shall be stated in the records of the Planning Board, and a copy of such decision shall be sent to the owner.
C. 
Every final subdivision plat shall carry the following endorsement:
Approved by resolution of the Planning Board of the Town of Barton, New York, on the ______ day of ________, ______, subject to all requirements and conditions of said resolution. Any change, erasure, modification or revision of this plat, as approved, shall void this approval.
Signed this ______________ day of ___________________
by _________________ (Chairman) and __________________ (Secretary)
D. 
If the final plat is approved, the authorized officers of the Planning Board shall sign the original and copies of the plat in the appropriate place.
E. 
One approved copy shall be retained by the Planning Board.
If the final subdivision plat is approved, the owner shall:
A. 
File one approved linen or mylar copy of said final plat, or a section thereof, with the County Clerk's office within 30 days from the date of approval, or the approval of the subdivision plat will be void.
B. 
File one approved twenty-four-by-thirty-six-inch linen copy with the Town Clerk within 30 days.
C. 
File one approved twenty-four-by-thirty-six-inch paper copy with the Town Assessor.
D. 
File one approved twenty-four-by-thirty-six-inch paper copy and one approved twenty-four-by-thirty-six-inch reproducible Mylar copy with the Subdivision Administrator before any building permits can be issued. One complete set of all construction drawings shall be filed with the enforcement officer.
E. 
Within 30 days from the recording of the final subdivision plat or any approved section thereof, the owner shall file with the Planning Board a photostatic copy of the plat certified by the County Clerk to be a true copy of the recorded plat.
A. 
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 the said plat is first resubmitted to the Planning Board and such Board approves any modifications.
B. 
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 Board shall institute proceedings to have the plat stricken from the records of the County Clerk.
The owner shall submit the following data to the Planning Board before any subdivision plat can be approved, and before acceptance the Town Attorney shall certify as to their legal sufficiency:
A. 
A deed description and a map of survey of the tract boundary made and certified by a licensed land surveyor and, where practicable, tied into established boundary monuments.
B. 
Offers of cession by the owner dedicating streets, rights-of-way and any sites for public uses (and notation of streets, highways and parks specifically reserved to the owner and for which formal offers of cession to the public are not made).
C. 
Copies of agreements or other documents showing the manner in which areas reserved by the owner are to be maintained.
D. 
Any other data, such as certificates, affidavits, endorsements or other agreements, as may be required by the Planning Board in the enforcement of these regulations.