Town of Greenville, NY Article III Application Procedure

§ 181-6 Compliance required.

A. Full compliance with the provisions of Article 16 of the Town Law, applicable provisions of the Public Health Law and with the subdivision regulations concerning the preparation of a subdivider's sketch plan, preliminary plat, vicinity map and subdivision plat, except where variations of these regulations may be expressly authorized by the Planning Board, is necessary for the information of the Board and of the public at public hearing(s) as provided in this article. Due care in the preparation of the maps and other information called for will expedite the process of obtaining the Board's decision concerning the formal subdivision plat.

B. When any subdivision of land is proposed to be made, to avoid violation of § 334 of the Real Property Law, before any contract for the sale of land or any offer to sell such subdivision or any part thereof is made, or any grading, clearing, construction or other improvement is undertaken therein, the subdivider or his duly authorized agent shall apply, in writing, for approval of such proposed subdivision in accordance with the following procedures.

C. Applicants shall actively pursue applications before the Planning Board. In the event that an applicant has not appeared before the Board for a period of 12 consecutive months, upon resolution of the Planning Board, the matter will be removed from consideration by the Board and the file will be closed. A new application will thereafter need to be filed by the applicant when the applicant is prepared to proceed and actively pursue the application. Once the file is closed, any unexpended escrow sums will be returned to the applicant with a letter stating that the application has been deemed abandoned and that the file has been closed pursuant to a resolution adopted by the Planning Board. It shall also state that when the applicant is prepared to proceed and actively pursue the application, a new application must be filed with the Board.

[Added 6-17-2010 by L.L. No. 1-2010]

§ 181-7 Sketch plan.

A. Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land and at least three weeks prior to the regular meeting of the Planning Board, submit to the Secretary of the Board, by certified check, a nonreturnable fee as prescribed in Chapter A212, Fees, together with eight copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of § 181-60, for the purposes of classification and preliminary discussion, and two copies of said sketch plan to the Town Engineer for review.

[Amended 4-8-1998 by L.L. No. 1-1998]

B. Subdivision in sections. The subdivider may, with the consent of the Planning Board, elect to subdivide his land in sections. If the subdivision is to be accomplished in sections, the subdivider shall submit a sketch plan showing the subdivision of the entire property, indicating the section for which application is being made, together with a certified check for nonreturnable fees to cover the entire subdivision.

C. Discussion of requirements and classification. The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the requirements of these regulations for street improvements, drainage, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information.

D. Classification. Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor or major subdivision, as defined in these regulations. The Board may require, however, when it deems it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in § 181-8 of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in §§ 181-9, 181-10, 181-11 and 181-12.

E. Deed restriction. The Planning Board may require a deed restriction limiting the resubdivision of any parcel of land large enough to be legally subdivided or resubdivided under the provisions of Chapter 205, Zoning. The intent of the deed restriction will be as follows:

(1) No more than a total of four lots may be created either simultaneously or sequentially from a parent parcel under classification as a minor subdivision. Should more than that total number of lots be applied for at any time in the future, the applicant will have to include all information required of a major subdivision for the previously subdivided lots, as well as for the lots under consideration in the application.

(2) No more than a total of 49 lots may be created either simultaneously or sequentially from a parent parcel for which both central sewer and water services do not exist. Should more than that total number of lots at any time be applied for, the applicant will have to include a plan for providing central sewer and water services to the previously subdivided lots at no additional costs to their present owners, as part of his present application for subdivision.

F. Study of sketch plan. The Planning Board shall, within 30 days, determine whether the sketch plan meets the purposes of these regulations and shall, where it deems it necessary, make specific recommendations, in writing, to be incorporated by the applicant in the next submission to the Planning Board.

G. The sketch plan shall serve as a key map for subdivisions subsequently laid out in sections in preliminary plats.

§ 181-8 Minor subdivisions.

A. Application. Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a subdivision plat. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan, plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in § 181-61.

B. Number of copies. Eight copies of the subdivision plat shall be presented to the Secretary of the Planning Board and two copies to the Town Engineer at least three weeks prior to a scheduled monthly meeting of the Planning Board.

C. Subdivider to attend Planning Board meeting. The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the subdivision plat.

D. 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 least three weeks prior to which the application for plat approval, complete and accompanied by all data required by § 181-61 of these regulations, has been filed with the Secretary of the Planning Board and the Town Engineer.

E. Endorsement of state and County agencies. If the site borders a County or state road, copies of the preliminary submission shall be forwarded to the Orange County Department of Public Works and/or the Regional Office of the New York State Department of Transportation, in time for their comments to be returned and read into the minutes of the public hearing. If the site lies within 500 feet of a County or state road, drainage easement, institution or park or within 500 feet of a municipal boundary, a copy of the preliminary submission shall be forwarded to the Orange County Department of Planning in time for its comments to be returned and read into the minutes of the public hearing.

F. Public hearing. A public hearing shall be held by the Planning Board on all plats submitted in final form within 62 days of their submission to the Planning Board. The hearing must be advertised at least once in a newspaper of general circulation in the Town at least five days prior to the hearing and by posting notice thereof by mail to the owners of property abutting the proposed subdivision and directly across any adjoining street and to any other persons whom the Board may deem to be particularly affected.

[Amended 4-8-1998 by L.L. No. 1-1998]

G. Action on subdivision plat. The Planning Board shall, within 62 days from the date of the public hearing, approve, conditionally approve with or without modification or disapprove the final plat. The Board shall specify, in writing, its reasons for any such disapproval. In the event that the hearing is not held, or if the Board fails to disapprove the minor subdivision plat within the 62 days prescribed above, the plan shall be deemed approved.

[Amended 4-8-1998 by L.L. No. 1-1998]

H. Filing. Upon approval, the final plat shall be properly signed by the duly authorized person or persons and shall be filed by the applicant in the office of the County Clerk. Any minor subdivision plat not so filed or recorded within 30 days of the date upon which such plat is approved, or considered approved by reason of the failure of the Planning Board to act, shall become null and void. The applicant shall submit six copies of the final plat and one opaque paper or cloth copy, at the scale of the applicable section of the official tax map of the Town of Greenville, showing the endorsement of the County Clerk, to the Board's Secretary within 30 days of the date of filing.

§ 181-9 Preliminary plat for major subdivisions.

A. Submission of preliminary plat. The subdivider shall, at least three weeks prior to the regular meeting of the Planning Board and in the form described in § 181-62 hereof, submit to the Secretary of the Board eight copies of the preliminary plat and two copies of the road plans and profiles and submit to the Town Engineer two copies of the preliminary plat and two copies of the road plans and profiles. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 276 and 277 of the Town Law and § 181-62 of these regulations, except where a waiver may be specifically authorized by the Planning Board.

B. Purpose. The preliminary layout and the supporting documents for a proposed subdivision constitute the material to be officially submitted to the Planning Board, and later, one copy shall become the official record of the Town Clerk. They show the general design of the subdivision and its public improvements, so that the Planning Board can indicate its approval or disapproval of the subdivision prior to the time that the final plat, including the design and detailing of the public improvements and utilities, is completed. Approval of the preliminary layout does not constitute an approval of the final plat, nor should it be considered a valid basis for the construction of site improvements or for other commitments which depend upon its design characteristics. When revision of the proposed subdivision is required, the preliminary layout shall be revised accordingly, so that the files of the Planning Board and other municipal officials will be current.

C. Documentation. A proposed submission which does not include all the required drawings and documents will not be accepted.

D. Subdivider to attend Planning Board meeting. The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the preliminary plat.

E. Study of preliminary plat. The Planning Board shall study the practicability of the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided and the requirements of the Master Plan, the Official Map and Chapter 205, Zoning.

F. Endorsement of state and County agencies. If the site borders a County or state road, copies of the preliminary submission shall be forwarded to the Orange County Department of Public Works and/or the Regional Office of the New York State Department of Transportation, in time for their comments to be returned and read into the minutes of the public hearing. If the site lies within 500 feet of existing or proposed County or state road, drainage easement, institution or park or within 500 feet of a municipal boundary, a copy of the preliminary submission shall be forwarded to the Orange County Department of Planning not less than 10 days prior to a hearing so that its comments may be returned and read into the minutes of the public hearing.

G. Referral. If the preliminary plat for subdivision of land occurs within 500 feet of the municipal boundary, a copy of the preliminary plat shall be sent by the Planning Board Secretary to the appropriate municipal official of the adjoining community, indicating whether the proposed subdivision is in reasonable harmony with the Master Plan. Any written communication will be considered if received prior to the public hearing date on the preliminary plat.

H. Preliminary public hearing. The Planning Board must hold a public hearing within 62 days after the receipt of such plat by the Secretary of the Planning Board. The hearing must be advertised at least once in a newspaper of general circulation in the Town at least five days before it is held and by posting notice thereof by certified or registered mail to the owners of property abutting the proposed subdivision and directly across any adjoining street and to any other persons whom the Board may deem to be particularly affected.

[Amended 4-8-1998 by L.L. No. 1-1998]

I. Approval of the preliminary plat.

(1) The Planning Board shall take action within 62 days after the hearing required on such plats to approve, with or without modifications, or disapprove the preliminary plat. This time may be extended upon mutual consent of the subdivider and the Planning Board. When approving a preliminary plat the Planning Board must state, in writing, the modifications, if any, it deems necessary for submission of the plat in final form with respect to:

[Amended 4-8-1998 by L.L. No. 1-1998]

(a) The specific changes which it will require in the preliminary plat.

(b) The character and extent of the required improvements for which waivers may have been requested and which in its opinion may be waived without jeopardy to the public health, safety, morals and general welfare.

(c) The improvements which it will require as prerequisite to the approval of the subdivision plat. It is understood that any improvements made by the subdivider prior to final subdivision approval are solely at the risk of the subdivider.

(2) The action of the Planning Board plus any conditions attached thereto shall be noted on three copies of the preliminary pat. One copy shall be retained by the Planning Board and one forwarded to the Town Board, through the Town Clerk. Approval of a preliminary plat shall not constitute approval of the subdivision plat, but rather it shall be deemed an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations and the conditions of the approval of the preliminary plat, if any. Prior to approval of the subdivision plat, the Planning Board may require additional changes as a result of further study of the subdivision in final form or as a result of new information obtained at the public hearing. In the event that the Planning Board fails to act on a preliminary plat within the time noted, the plat shall be deemed granted preliminary approval, and the certificate of the Town Clerk as to the date of submission and the failure of the Planning Board to act on the plat must be issued on demand; this certificate is sufficient in lieu of any other evidence of approval of the preliminary plat.

J. Expiration of approval. Planning Board approval of a preliminary layout submission shall expire six months after the date of such formal action. No Planning Board action will be taken after such expiration until a new application and filing fee are submitted. A waiver for a reasonable period of time may be given in cases of hardship upon petition to the Planning Board.

§ 181-10 Final plat for major subdivisions.

A. Submission of final plat. The subdivider shall, within six months after the approval of the preliminary plat and at least three weeks prior to the regular meeting of the Planning Board, submit to the Secretary of the Board eight copies of the final plat and two copies of the road plans and profiles and submit to the Town Engineer two copies of the final plat and two copies of the road plans and profiles. If the final plat is not submitted within six months after the approval of the preliminary plat, the Planning Board may refuse to approve the final plat and require resubmission of the preliminary plat.

B. Purpose. The final plat and supporting drawings and documents for a proposed subdivision constitute the complete development of the subdivision proposal and include the recommendations resulting from the Planning Board review of 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 local governing body, becomes the basis for the construction of the subdivision and the inspection services by the Planning Board and by the Town Engineer or other delegated municipal officer. The plat itself must be recorded at the County Clerk's office to have legal status. An unrecorded plat is not a valid basis for site improvements or other commitments which depend on its design characteristics. The final plat shall be an accurate survey record of the properties resulting from the subdivision.

C. When officially submitted. 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 least three weeks prior to which all data required by § 181-63 of these regulations has been filed with the Secretary of the Planning Board.

D. Endorsement of state and County agencies. Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the Orange County Department of Health. Applications for approval of plans for sewer or water facilities will be filed by the subdivider with all necessary municipal, County and state agencies. Endorsement and approval by the Orange County Department of Health shall be secured by the subdivider before official submission of the subdivision plat. Certified copies of permits signed by a responsible official of the State Highway Department or the Orange County Superintendent of Highways approving proposed construction and/or discharge on state or County rights-of-way shall be submitted.

E. Performance bond estimate. The Town Engineer or other delegated municipal officer shall prepare a performance bond estimate, seven copies of which are to be submitted, along with his recommendations on the final plat. Said performance bond shall be based upon a certified estimate of quantities prepared by the subdivider's engineer.

F. Public hearing. A public hearing shall be held on the final plat by the Planning Board within 62 days of its submission. Notice of the hearing must be published at least once in a newspaper of general circulation in the Town at least five days before the hearing and by posting notice thereof by mail to the owners of property abutting the proposed subdivision and directly across any adjoining street and to any other persons whom the Board may deem to be particularly affected. However, when the Panning Bard 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.

[Amended 4-8-1998 by L.L. No. 1-1998]

G. Action on proposed subdivision plat. 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 extension of this time by mutual consent of the subdivider and the Planning Board. In the event that the required 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 the plat is approved, the subdivider shall carry out the following steps prior to obtaining the Chairman's signature of approval:

[Amended 4-8-1998 by L.L. No. 1-1998]

(1) Make all required corrections or changes to the satisfaction of the Planning Board.

(2) Obtain a performance bond in the amount of the bond estimate and a general liability insurance policy and submit them to the Municipal Attorney for approval as to form. (See § 181-11B, Performance bond, and § 181-11C, General liability insurance.)

(3) Prepare prints of the corrected final plat drawings and submit as follows:

(a) The original drawing of the final plat.

(b) Five paper prints of the final plat.

(c) Two cloth prints of the final plat.

(d) Three paper prints of the corrected public improvements and utilities plan and profiles.

(e) One opaque paper or cloth copy of the final plat at the scale of the applicable section of the Official Tax Map of the Town of Greenville.

(4) Pay the required inspection fees at the Town Clerk's office.

§ 181-10.1 Development agreement.

[Added 6-17-2010 by L.L. No. 1-2010]

After approval of the final subdivision plat by the Planning Board, prior to any construction beginning at the property covered by the approved plat, the applicant/owner/developer must execute a development agreement, on a form approved by the Town. The language of said development agreement and the language of the Subdivision Regulations shall be read and interpreted so as to compliment and supplement each other and not to be in any way in conflict with each other.

§ 181-11 Required public improvements.

A. Improvements. The following improvements will be required, except when, in the special or peculiar circumstances of a particular case, the Planning Board modifies or waives a requirement by specific resolution (see § 181-60B, § 181-62E and §§ 181-64 through 181-66):

(1) Paved streets.

(2) Curbs or gutters.

(3) Sidewalks.

(4) Water mains and fire hydrants.

(5) Sanitary sewage disposal.

(6) Storm drainage system.

(7) Street signs.

(8) Streetlighting.

(9) Street trees.

(10) Seeding or sodding of planting strips with lawn grass.

B. Performance bond.

(1) A performance bond or equivalent security shall be delivered to the municipality to guarantee to the municipality that the subdivider will faithfully cause to be constructed and completed within a reasonable time the required public improvements and convey the required lands and improvements to the municipality free and clear of encumbrances.

(2) Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection B(2)(a) or B(2)(b) below:

(a) In an amount set by the Planning Board from an estimate prepared by the Municipal Engineer, the subdivider shall either file with the Municipal Clerk a certified check to cover the full cost of the required improvements, or the subdivider shall file with the Municipal Clerk a performance bond issued by a bonding or surety company approved by the Municipal Legislature to cover the full cost of the required improvements or any combination thereof. Any such bond shall comply with the requirements of § 277 of the Town Law and, further, shall be satisfactory to the Municipal Legislature and Municipal Attorney as to form, sufficiency, manner of execution and surety. A period of one year (or such other period as the Planning Board may determine appropriate, not to exceed three years) shall be set forth in the bond within which required improvements must be completed; however, the term of such performance bond may be extended by the Planning Board with the consent of the parties thereto.

(b) The subdivider shall complete all required improvements to the satisfaction of the Municipal Engineer, who shall file with the Planning Board a letter signifying the satisfactory completion of all improvements required by the Board. For any required improvements not so completed, the subdivider shall file with the Municipal Clerk a bond or certified check covering the costs of such improvements and the cost of satisfactorily installing any improvement not approved by the Municipal Engineer. Any such bond shall be satisfactory to the Municipal Legislature and Municipal Attorney as to form, sufficiency, manner of execution and surety.

(3) The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Municipal Engineer and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection B(2)(b), then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection B(2)(a) above, such bond shall not be released until such a map is submitted. The Municipal Legislature shall release the bond upon certification of the Municipal Engineer and Municipal Attorney that all requirements of the bond have been satisfied.

(4) The subdivider shall complete all required improvements or post the required performance bond either or both to the satisfaction of the Municipal Legislature before any building permits will be issued.

(5) If the Planning Board shall decide at any time during the term of the performance bond that the extent of building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such performance bond or that required improvements have been installed as provided in this section and by the Planning Board in sufficient amount to warrant reduction in the face amount of said bond or that the character and extent of such development requires additional improvements previously waived for a period stated at the time of fixing the original terms of such bond, the Planning Board may modify its requirements for any or all such improvements, and the face value of such performance bond shall thereupon be reduced or increased by an appropriate amount so that the new face value will cover the cost in full of the amended list of improvements required by the Planning Board and any security deposited with the bond may be reduced or increased proportionately.

C. General liability insurance.

(1) Procedure. The subdivider shall file with the Municipal Attorney a general liability insurance policy at the same time as he files his performance bond. The Municipal Legislature 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.

(2) Coverage. The policy shall insure the municipality 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 limits of liability of $100,000 for bodily injury to each person and $300,000 liability on the aggregate for each accident and property damage liability of $5,000 for each accident and $25,000 aggregate property damage liability or such higher limits as the Planning Board may require.

D. Maintenance bond. The subdivider shall file with the Municipal Legislature a maintenance bond in an amount based on at least 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 one year following their completion and acceptance by the Municipal Legislature. Such bond shall be satisfactory to the Municipal Attorney as to form, manner of execution and surety.

E. Modification of design improvements. If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the Municipal Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Municipal Engineer may, upon approval by a previously delegated member of the Planning Board, authorize modifications, provided that these modifications are within the spirit and intent of the Planning Board's approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the Board. The Municipal Engineer shall issue any authorization under this section in writing and shall transmit a copy of such authorization to the Planning Board at its next regular meeting.

F. Supervision of improvements. The construction of all required improvements shall be supervised by a registered professional engineer employed by the subdivider who, after completion of construction, shall certify to the Planning Board that all required improvements have been constructed as required and approved by the Board or as modified by the Board.

G. Inspections.

(1) Routine inspection.

(a) All improvements will be inspected by the Municipal Engineer to ensure satisfactory completion. In no case shall any paving (including prime and seal coats) work be done without permission from the Municipal Engineer. At least three days' notice shall be given to the Municipal Engineer prior to any such construction, so that a representative of the municipality may be present at the time work is to be done. The Municipal Engineer shall be notified after each of the following phases of the work has been completed so that he or his representative may inspect the work:

[1] Road subgrade.

[2] Curb and gutter forms.

[3] Road paving, after each coat in the case of priming and sealing.

[4] Sidewalk forms.

[5] Sanitary sewers, drainage pipe and other drainage structures before backfilling.

[6] All underground utilities prior to backfilling.

(b) If the Municipal Engineer or other duly designated official does not carry out inspection of required improvements during construction, the subdivider or the bonding company shall not in any way be relieved of their responsibilities.

(2) Final inspection. A final inspection of all improvements will be made to determine whether the work is satisfactory and in substantial agreement with the approved final plat drawings and in compliance with the municipal specifications as of the time the offer of dedication of the roads is made to the Municipal Legislature. The general condition of the site shall also be considered. Upon a satisfactory final inspection report, action will be taken to release the performance bond covering such improvements and utilities.[1]

[1] Editor's Note: Former Subsection G(3), which required the payment of an inspection fee in the amount of 4% of the amount of the performance bond, and which subsection immediately followed this subsection, was repealed 2-26-1997 by L.L. No. 2-1997.

H. Proper installation of improvements. If the Municipal Engineer shall find, upon inspection of the improvements performed before the expiration date of the performance bond, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, he shall so report to the Municipal Legislature, Building Inspector and Planning Board. The Municipal Legislature then shall notify the subdivider and, if necessary, the bonding company, and take all necessary steps to preserve the municipality's rights under the bond. The Municipal Legislature may thereupon declare the performance bond in default and collect the sum remaining payable thereunder, and upon receipt of the proceeds thereof, the municipality shall install such improvements as are covered by such performance bond and commensurate with the building development that has taken place in the subdivision, but not exceeding in cost the amount of such proceeds. In making such determination regarding streets, highways, parks and required improvements, the Planning Board shall take into consideration the prospective character of the development, whether dense residence, open residence, business or industrial. No plat shall be approved by the Planning Board as long as the subdivider is in default on a previously approved plat.

§ 181-12 Filing of approved plat; expiration of approval; changes to approved plat.

A. Final approval and filing. Upon completion of the requirements in §§ 181-10 and 181-11 above and notation to that effect upon the subdivision plat and the approved public improvement and utility plan and profiles, the subdivision plat shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Planning Board and the Town Engineer, upon receipt of notification that the required bond and insurance has had the approval of the Municipal Attorney, and that the required inspection fee has been deposited. The plat shall then be filed by the Town on behalf of the applicant in the office of the County Clerk. Planning Board approval of a final plat shall not be deemed an acceptance by the municipality of any street or other land shown as offered for cession to public use.

B. Distribution. Upon signing of the original tracing, indicating final approval, by the appropriate officer of the Planning Board and the Town Engineer, documents shall be distributed by the municipality as necessary.

C. Expiration of approval.

(1) The final approval of a final plat, or the certificate of the Municipal Clerk as to the failure of the Planning Board to act within the time required by law, shall expire within 30 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. Such endorsement shall stipulate that the plat does not conflict with the County official map, where one exists or, in cases where plats do front on or have access to or are otherwise related to roads or drainage systems shown on the County map, that such plat has been approved in the manner specified by § 239-k of the General Municipal Law.

(2) An applicant who has received final approval of the subdivision plat may request a one-hundred-eighty-day extension of that approval and the time to file said plat from the Planning Board. However, at the end of any one-hundred-eighty-day extension granted by the Planning Board the subdivider must have completed all requirements or conditions of the approval and have filed the maps; if the applicant has not done these things, the applicant's plat will be relegated back to the status of preliminary approval or the applicant may seek additional extensions of the final approval status from the Planning Board upon a showing of hardship.

[Amended 6-17-2010 by L.L. No. 1-2010]

(3) 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.

D. Filing in sections. At the time the Planning Board grants 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 request filing of a section of the approved plat with the County Clerk if said section constitutes at least 10% of the total number of lots contained in the approved plat. In these circumstances, plat approval on the remaining sections of the plat shall remain in effect for three years from the filing date of the first section. When a plat is filed by section with the County Clerk, the applicant shall, within 30 days, file with the Town Clerk the entire approved plat. The owner shall not be permitted to begin construction of buildings in any other section until such section has been filed in the office of the County Clerk or Register and the required improvements have been installed in such section or a bond covering the cost of such improvements is posted.

E. Plat void if revised after approval. 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.

§ 181-13 Acceptance of improvements.

A. Public acceptance of streets.

(1) The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or be evidence of any acceptance by the municipality of any street, utility, easement, park or other open space shown on such subdivision plat.

(2) Every street shown on a plat that is filed or recorded in the office of the County Clerk or Register as provided in these regulations shall be deemed to be a private street until such time as it has been formally offered for cession to be public and formally accepted as a public street by resolution of the municipality or alternatively until it has been condemned by the municipality for use as a public street.

(3) After such plat is approved and filed, subject however, to review by court as hereinafter provided, the streets, highways and parks shown on such plat shall be and become a part of the Official Map or plan of the municipality. The owner of the land or his agent who filed the plat may add as part of the plat a notation, if he so desires, to the effect that no offer of dedication of such streets, highways or parks or any of them is made to the public. Formal offers of cession to the public of all streets, highways or parks not marked with such notation on the plat shall be filed with the Planning Board prior to the approval of the plat by the Planning Board. In the event that the owner or his agent shall elect not to file his plat prior to the expiration date of the validity of such approval provided in § 181-12C of these regulations, then such formal offers of cession shall be deemed to be invalid, void and of no effect on and after such expiration date.

(4) No public municipal street utility or improvement shall be constructed by the municipality in any street or highway until it has become a public street or highway and is duly placed on the Official Map or plan; except that the Municipal Legislature may authorize the construction of a public municipal street utility or improvement in or under a street which has not been dedicated, but which has been used by the public as a street for five years or more, prior to March 2, 1938, and is shown as a street on a plat of a subdivision of land which had been filed prior to March 2, 1938, in the office of the County Clerk or register of the County in which such municipality is located.

(5) No permit for the erection of any building shall be issued unless a street or highway giving access to such proposed structure has been duly placed on the Official Map or Master Plan, or if there be no Official Map or Master Plan, unless such street or highway is:

(a) An existing state, County, Town or Village highway;

(b) A street shown upon a plat approved by the Planning Board as provided under the provisions of this article, as in effect at the time such plat was approved; or

(c) A street on a plat duly filed and recorded in the office of the County Clerk or register prior to the appointment of such Planning Board and the grant to such Board of the power to approve plats.

(6) Before such permit shall be issued, such street or highway shall have been suitably improved to the satisfaction of the Planning Board in accordance with standards and specifications approved by the appropriate municipal officers as adequate in respect to the public health, safety and general welfare for the special circumstances of the particular street or highway or, alternatively, and in the discretion of such Board, a performance bond sufficient to cover the full cost of such improvement as estimated by such Board or other appropriate municipal departments, designated by such Board shall be furnished to the municipality by the owner. Such performance bond shall be issued by a bonding or surety company approved by the municipal legislature or by the owner with security acceptable to the Municipal Legislature and shall also be approved by the Municipal Attorney as to form, sufficiency and manner of execution. The term, manner of modification and method of enforcement of such bond shall be determined by the appropriate board in substantial conformity with § 181-11B of these regulations.

(7) For the purpose of preserving the integrity of such Official Map or Master Plan, no permit shall hereafter be issued for any building in the bed of any street or highway or parkland shown or laid out on such map or plan; provided, however, that if the land within such mapped street or highway or parkland is not yielding a fair return on its value to the owner, an appeal may be made before the Board of Appeals, as detailed in A(8) below.

(8) Where the enforcement of the provisions of this section would entail practical difficulty or unnecessary hardship, or where the circumstances of the case do not require the structure to be related to existing or proposed streets or highways, the applicant for such a permit may appeal from the decision of the administrative officer having charge of the issue of permits to the Board of Appeals or other similar board in any municipality which has established a board having power to make variances or exceptions in zoning regulations, and the same provisions are hereby applied to such appeals and to such board as are provided in cases of appeals on zoning regulations. The board may, in passing on such appeal, make any reasonable exception and issue the permit subject to conditions that will protect any future street or highway layout or to grant a permit for a building in such street or highway which will as little as practicable increase the cost of opening such street or highway, or tend to cause a change of such Official Map or Master Plan, and such board may impose reasonable requirements as a condition of granting such permit, which requirements shall inure to the benefit of the municipality. Before taking any action authorized in this section, the Board of Appeals or similar board shall give a hearing at which parties in interest and others shall have an opportunity to be heard. Any such decision shall be subject to review in the same manner and pursuant to the same provisions as in appeals from the decisions of such Board upon zoning regulations.

B. Ownership and maintenance of recreation areas. When a park, playground, natural or historic feature or other recreation or open space area shall have been shown on a plat, the approval of said plat shall not constitute an acceptance by the municipality of such area. The Planning Board shall require the plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the Municipal Legislature covering future deed and title, dedication and provision for the cost of grading, development, equipment and maintenance of any such recreation area.