The following procedures and requirements shall
apply to minor subdivisions only.
A. Application requirements. Any person proposing to create a minor subdivision shall submit, along with plats required in §
130-12B, five copies of an application for minor subdivision approval. This application shall set forth:
(1) The name, address and telephone number of the property
owner of record or his or her agent. If an agent shall be involved,
authorization from the owner(s) shall be provided.
(2) The name or number of the road where the proposed
subdivision is to be located.
(3) The name, address and telephone number of the surveyor
or engineer preparing the subdivision plat.
(4) The type of water supply proposed.
(5) The type of sewer system proposed.
(6) The name and address of each adjoining property owner.
(7) Fees as per the schedule adopted by the Town Board,
paid with the application to the Planning Board Secretary.
(8) A copy of the most recent deed to the subject property.
B. Plat requirements. The subdivider shall submit five
copies of the plat and required supplementary data for the proposed
subdivision. This plat shall show all the lots proposed to be created.
The plat shall meet the following requirements:
(1) Such plat shall be clearly marked "final plat."
(2) The map shall be drawn by a licensed land surveyor
to the County Clerk's requirements.
(3) The map shall show the name of the municipality, name
of the owner of record, North point, scale and date.
(4) The names of all adjoining property owners and the
size of any remaining acreage in the tract from which lots are being
taken shall be shown.
(5) Topography of the site to at least twenty-foot contours
shall be shown.
(6) Existing public roads shall be identified by name
and route numbers and private roads by their posted names.
(7) Proposed lot lines shall be drawn to scale and dimensions
given in feet and hundredths of a foot. Lot areas shall be indicated.
(8) The plat shall depict the proposed subdivision as
part of the contiguous holdings of the subdivider, including all lots
taken from the original parcel over the previous five years.
(9) Certification by a licensed surveyor as to the accuracy
of the survey and give the date of the survey and the date the drawing
was completed.
(10)
The location of New York State-designated wetlands
or flood hazard areas.
(11)
Except as to lots to be serviced by a public
or community sewer system, location and results of percolation tests
and deep pit tests for each lot five acres in size or smaller shall
be set forth. The Planning Board may require percolation tests and
deep pit tests for lots larger than five acres.
(12)
Any other information the Planning Board may
deem appropriate.
C. Approval of plat.
(1) The subdivider shall submit the application, along
with the required copies of the plat, to the Planning Board Secretary
at least 10 days prior to the meeting of the Planning Board at which
initial review is desired. The Secretary shall note receipt of the
applications and collect the fees due.
(2) The plat shall not be considered complete until a
negative declaration has been filed or until a notice of completion
of the draft environmental impact statement has been filed in accordance
with the provisions of SEQRA. The time periods for review of such
plat shall begin upon filing of such a negative declaration or such
notice of completion.
(3) The following review procedure shall apply to minor
subdivisions:
(a)
Planning Board as lead agency under SEQRA; public
hearing; notice; decision.
[1]
Public hearing on final plats. The time within
which the Planning Board shall hold a public hearing on the plat shall
be coordinated with any hearings the Planning Board may schedule pursuant
to the SEQRA, as follows:
[a]
Environmental impact statement not required.
If the Planning Board determines that the preparation of an environmental
impact statement is not required, the public hearing on the plat shall
be held within 62 days after the receipt of a complete plat by the
Secretary of the Planning Board; or
[b]
Environmental impact statement is required.
If the Planning Board determines that an environmental impact statement
is required and a public hearing on the draft environmental impact
statement is held, the public hearing on the plat and the draft environmental
impact statement shall be held jointly within 62 days after the filing
of the notice of completion of such draft environmental impact statement
in accordance with the provisions of SEQRA. If no public hearing is
held on the draft environmental impact statement, the public hearing
on the plat shall be held within 62 days following filing of the notice
of completion.
[2]
Public hearing; notice; length. The hearing
on the plat shall be advertised at least once in a newspaper of general
circulation in the Town at least five days before such hearing if
no hearing is held on the draft environmental impact statement or
14 days before a hearing held jointly therewith. The Planning Board
may provide that the hearing be further advertised in such manner
as it deems most appropriate for full public consideration of the
plat. The hearing on the plat shall be closed upon motion of the Planning
Board within 120 days after it has been opened.
[3]
Decision. The Planning Board shall make its
decision on the plat as follows:
[a]
If the Planning Board determines that the preparation
of an environmental impact statement on the plat is not required,
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 62 days after the date of the public
hearing; or
[b]
If the Planning Board determines that an environmental
impact statement is required and a public hearing is held on the draft
environmental impact statement, the final environmental impact statement
shall be filed within 45 days following the close of such public hearing
in accordance with the provisions of SEQRA. If no public hearing is
held on the draft environmental impact statement, the final environmental
impact statement shall be filed within 45 days following the close
of the public hearing on the plat. Within 30 days of the filing of
the final environmental impact statement, the Planning Board shall
issue findings on such final environmental impact statement and shall
by resolution conditionally approve, with or without modification,
disapprove or grant final approval and authorize the signing of such
plat.
[4]
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board.
(b)
Planning Board not as lead agency under SEQRA;
public hearing; notice; decision.
[1]
Public hearing. The Planning Board shall, with
the agreement of the lead agency, hold the public hearing on the plat
jointly with the lead agency's hearing on the draft environmental
impact statement. Failing such agreement, the Planning Board shall
hold the public hearing on the plat within 62 days after the receipt
of a complete plat by the Secretary of the Planning Board.
[2]
Public hearing; notice; length. The hearing
on the plat shall be advertised at least once in a newspaper of general
circulation in the Town at least five days before such hearing if
held independently of the hearing on the draft environmental impact
statement or 14 days before a hearing held jointly therewith. The
Planning Board may provide that the hearing be further advertised
in such manner as it deems most appropriate for full public consideration
of such plat. The hearing on the plat shall be closed upon motion
of the Planning Board within 120 days after it has been opened.
[3]
Decision. 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
62 days after the close of the public hearing on such plat. The grounds
for a modification, if any, or the grounds for disapproval shall be
stated upon the records of the Planning Board.
D. Approval and certification of plats.
(1) Certification of plat; filing of decision on plat.
Within five business days of the adoption of the resolution granting
conditional or final approval of the plat, such plat shall be certified
by the Secretary of the Planning Board as having been granted conditional
or final approval and a copy of such resolution and plat shall be
filed in such Secretary's office. A copy of the resolution shall be
mailed to the owner. In the case of a conditionally approved plat,
such resolution shall include a statement of the requirements which
when completed will authorize the signing thereof. Upon completion
of such requirements the plat shall be signed by said duly authorized
officer of the Planning Board and a copy of such signed plat shall
be filed with the Town Clerk.
(2) Approval of plat in sections. Plats reviewed by the
Planning Board as a minor subdivision shall not be approved in sections.
(3) Duration of conditional approval of plat. Conditional
approval of the plat shall expire within 180 days after the resolution
granting such approval unless all requirements stated in such resolution
have been certified as completed. The Planning Board may extend by
not more than two additional periods of 90 days each the time in which
a conditionally approved plat must be submitted for signature if,
in the Planning Board's opinion, such extension is warranted by the
particular circumstances.
E. Default approval of preliminary or final plat. The
time periods prescribed herein within which a Planning Board must
take action on a preliminary plat or a 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 plat or a final plat within
the time prescribed therefore after completion of all requirements
under the State Environmental Quality Review Act 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.
F. Filing of final plat; expiration of approval.
(1) The owner shall file in the office of the County Clerk
such approved final plat or a section of such plat within 62 days
from the date of final approval or such approval shall expire. The
following shall constitute final approval:
(a)
The signature of the duly authorized officer
of the Planning Board constituting final approval by the Planning
Board of a plat as herein provided; or
(b)
The approval by such Board of the development
of a plat or plats already filed in the office of the County Clerk
of the County in which such plat or plats are located if such plats
are entirely or partially undeveloped; or
(c)
The certificate of the Town Clerk as to the
date of the submission of the final plat and the failure of the Planning
Board to take action within the time herein provided.
(2) In the event that the owner shall file only a section
of such approved plat in the office of the County Clerk, the entire
approved plat shall be filed within 30 days of the filing of such
section with the Town Clerk in each Town in which any portion of the
land described in the plat is situated. Such section shall encompass
at least 10% of the total number of lots contained in the approved
plat, and the approval of the remaining sections of the approved plat
shall expire unless said sections are filed before the expiration
of the exemption period to which such plat is entitled under the provisions
of § 265-a, Subdivision 2 of the New York State Town Law.
The following procedures and requirements shall
apply to major subdivisions.
A. Application requirements. Any person proposing to
create a major subdivision shall submit, along with plats required
in § 170-13B, D and F, five copies of an application for
major subdivision approval. This application shall set forth:
(1) The name, address and telephone number of the property
owner of record or his or her agent. If an agent shall be involved,
authorization from the owner(s) shall be provided.
(2) The name or number of the road where the proposed
subdivision is to be located.
(3) The name, address and telephone number of the surveyor
or engineer preparing the subdivision plat.
(4) The type of water supply proposed.
(5) The type of sewer system proposed.
(6) The name and address of each adjoining property owner.
(7) Fees as per the schedule adopted by the Town Board,
paid with the application to the Planning Board Secretary.
(8) A copy of the most recent deed to the subject property.
B. Sketch plans for major subdivisions. Ten copies of
a sketch plan shall be submitted to the Planning Board of a scale
sufficient to show the entire tract on one sheet. The sketch plan
should show or include the following:
(1) The map shall show the name of the municipality, name
of the owner or record, North point, scale and date.
(2) The name of the owners of all adjoining properties
as disclosed by the most recent tax rolls.
(3) A location map depicting the premises upon the United
States Geological Survey quadrangle map(s).
(4) The location of that portion of a tract which is to
be subdivided in relation to the entire tract.
(5) All streets or roads, streams, water mains, sanitary
sewers, electric, power lines and telephone lines within 500 feet
of the subdivision.
(6) The types and bounds of all soil types on the site.
(7) All existing structures and wooded areas within the
area to be subdivided.
(8) The tentative layout of the remainder of the tract
or other contiguous property owned by the subdivider.
C. Preliminary plat requirements for major subdivisions.
Ten copies of the preliminary plat shall be required for all proposed
major subdivisions. The preliminary plat shall be submitted to the
Planning Board Secretary at least 10 days prior to the meeting at
which the plat will be initially reviewed. The preliminary plat shall
meet the following requirements and contain the following information:
(1) The plat shall be clearly marked "preliminary plat."
(2) The preliminary plat shall be clearly and legibly
drawn by a licensed land surveyor to the County Clerk's requirements.
(3) The proposed name of the subdivision. The name shall
not duplicate in spelling or pronunciation any recorded subdivision
within the Town of Liberty.
(4) The location by Town, County and state. The plat should
also include tax map numbers for the subject parcel and adjoining
parcels.
(5) The boundaries of the total tract and acreage contained
within it.
(6) The preliminary plat shall depict the proposed subdivision
as part of the contiguous holdings of the subdivider, including all
lots taken from the original parcel over the previous five years.
(7) The names of the owners of adjoining properties and
lines showing where property lines of adjoining properties intersect
the subject parcel.
(8) All applicable zoning data.
(9) The proposed lot layout, with a numbering of the lots.
(10)
The approximate dimensions and acreage of each
lot.
(11)
The existing contours at intervals of not more
than 20 feet. (United States Geological Survey maps may suffice for
the basis of this item.) The Planning Board reserves the right to
request greater detail when necessary due to the scope or nature of
the development.
(12)
The location and extent of undevelopable areas,
including rights-of-way for streets, utility easements, existing buildings
and all existing or proposed open space areas or parks.
(13)
The approximate locations of existing sanitary
sewers, public water mains, storm sewers, electric power, telephone
lines and all other similar items either above or below ground, with
direction of flow and pressure, if applicable.
(14)
The proposed layout of streets, including rights-of-way
width and proposed names. Street names shall not duplicate existing
names by spelling or pronunciation. The street proposals shall be
accompanied by a submission of design materials, including profiles,
cross sections and preliminary designs for bridges and culverts.
(15)
All drainage easements marked as such.
(16)
Approximate final grades in areas where cuts
or fills are to be made.
(18)
Any lots designated for uses other than residential
shall be indicated.
(19)
The parcels to be dedicated to the public or
reserved for public use or to be reserved for use by residents of
the subdivision shall be shown and marked as such.
(20)
Except as to lots to be serviced by a public
or community sewer system, location and results of percolation tests
and deep pit tests for each lot five acres in size or smaller shall
be set forth. The Planning Board may require percolation tests and
deep pit tests for lots larger than five acres.
(21)
The location of New York State-designated wetlands.
(22)
The location of any designated flood hazard
areas.
(23)
An erosion and sedimentation control plan prepared
by a licensed professional engineer in cooperation with the Sullivan
County Soil and Water Conservation District, if required by the Planning
Board.
(24)
A stormwater management plan prepared by a licensed
professional engineer, in cooperation with the Sullivan County Soil
and Water Conservation District, if required by the Planning Board.
(25)
Any other information the Planning Board may
deem appropriate.
D. Approval of preliminary plats.
(1) Coordination with the State Environmental Quality
Review Act. The Planning Board shall comply with the provisions of
SEQRA under Article 8 of the Environmental Conservation Law and its
implementing regulations.
(2) Receipt of a complete preliminary plat. A preliminary
plat shall not be considered complete until a negative declaration
has been filed or until a notice of completion of the draft environmental
impact statement has been filed in accordance with the provisions
of SEQRA. The time periods for review of a preliminary plat shall
begin upon filing of such negative declaration or such notice of completion.
(3) The following review procedure shall apply to major
subdivisions:
(a)
Planning Board as lead agency under SEQRA; public
hearing; notice; decision. Public hearing on preliminary plats. The
time within which the Planning Board shall hold a public hearing on
the preliminary plat shall be coordinated with any hearings the Planning
Board may schedule pursuant to SEQRA, as follows:
[1]
Environmental impact statement not required.
If the Planning Board determines that the preparation of an environmental
impact statement on the preliminary plat is not required, the public
hearing on such plat shall be held within 62 days after the receipt
of a complete preliminary plat by the Secretary of the Planning Board;
or
[2]
Environmental impact statement is required.
If the Planning Board determines that an environmental impact statement
is required, a public hearing on the draft environmental impact statement
shall be held jointly within 62 days after the filing of the notice
of completion of such draft environmental impact statement in accordance
with the provisions of SEQRA. If no public hearing is held on the
draft environmental impact statement, the public hearing on the preliminary
plat shall be held within 62 days of filing the notice of completion.
(b)
Public hearing; notice, length. The hearing
on the preliminary plat shall be advertised at least once in a newspaper
of general circulation in the Town at least five days before such
hearing if no hearing is held on the draft environmental impact statement
or 14 days before a hearing held jointly therewith. The Planning Board
may provide that the hearing be further advertised in such manner
as it deems most appropriate for full public consideration of such
preliminary plat. The hearing on the preliminary plat shall be closed
upon motion of the Planning Board within 120 days after it has been
opened.
(c)
Decision. The Planning Board shall approve with
or without modification or disapprove such preliminary plat as follows:
[1]
If the Planning Board determines that the preparation
of an environmental impact statement on the preliminary plat is not
required, the Planning Board shall make its decision within 62 days
after the close of the public hearing; or
[2]
If the Planning Board determines that an environmental
impact statement is required and a public hearing is held on the draft
environmental impact statement, the final environmental impact statement
shall be filed within 45 days following the close of such public hearing
in accordance with the provisions of SEQRA. If no public hearing is
held on the draft environmental impact statement, the final environmental
impact statement shall be filed within 45 days following the close
of the public hearing on the preliminary plat. Within 30 days of the
filing of such final environmental impact statement, the Planning
Board shall issue findings on the final environmental impact statement
and make its decision on the preliminary plat.
(d)
Grounds for decision. The grounds for modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board. When so approving a preliminary plat, the Planning
Board shall state in writing any modifications it deems necessary
for submission of the plat in final form.
(4) Planning Board not as lead agency under SEQRA; public
hearing; notice; decision.
(a)
Public hearing on preliminary plats. The Planning
Board shall, with the agreement of the lead agency, hold for public
hearing on the preliminary plat jointly with the lead agency's hearing
on the draft environmental impact statement. Failing such agreement
or if no public hearing is held on the draft environmental impact
statement, the Planning Board shall hold the public hearing on the
preliminary plat within 62 days after the receipt of a complete preliminary
plat by the Secretary of the Planning Board.
(b)
Public hearing; notice, length. The hearing
on the preliminary plat shall be advertised at least once in a newspaper
of general circulation in the Town at least five days before such
hearing if held independently of the hearing on the draft environmental
impact statement or 14 days before a hearing held jointly therewith.
The Planning Board may provide that the hearing be further advertised
in such manner as it deems most appropriate for full public consideration
of such preliminary plat. The hearing on the preliminary plat shall
be closed upon motion of the Planning Board within 120 days after
it has been opened.
(c)
Decision. The Planning Board shall by resolution
approve with or without modification or disapprove the preliminary
plat as follows:
[1]
If the preparation of an environmental impact
statement on the preliminary plat is not required, the Planning Board
shall make its decision within 62 days after the close of the public
hearing on such preliminary plat.
[2]
If an environmental impact statement is required,
the Planning Board shall make its own findings and its decision on
the preliminary plat within 62 days after the close of the public
hearing on such preliminary plat or within 30 days of the adoption
of findings by the lead agency, whichever period is longer.
(d)
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board. When so approving a preliminary plat, the Planning
Board shall state in writing any modifications it deems necessary
for submission of the plat in final form.
(5) Certification and filing of preliminary plat. Within
five business days of the adoption of the resolution granting approval
of such preliminary plat, such plat shall be certified by the Secretary
of the Planning Board as having been granted preliminary approval,
and a copy of the plat and resolution shall be filed in such Clerk's
office. A copy of the resolution shall be mailed to the owner.
(6) Filing of decision on preliminary plat. Within five
business days from the date of the adoption of the resolution approving
the preliminary plat, the Chairman or other duly authorized member
of the Planning Board shall cause a copy of such resolution to be
filed in the office of the Town Clerk.
(7) Revocation of approval of preliminary plat. With six
months of the approval of the preliminary plat the owner must submit
the plat in final form. If the final plat is not submitted within
six months, approval of the preliminary plat may be revoked by the
Planning Board.
E. Requirements for guaranty of improvements.
(1) Methods to be followed. After approval of the preliminary
plat, the subdivider, in a manner consistent with § 277
of the New York State Town Law, shall provide for the installation
of required improvements (those physical additions and changes which
may be necessary to provide usable and desirable lots). Prior to requesting
final plat approval, the subdivider must:
(a)
Install all the required improvements; or
(b)
File with the Town of Liberty a performance
guaranty to ensure installation and construction of all required improvements.
(2) Performance bond or other security.
(a)
Furnishing of performance bond or other security.
As an alternative to the installation of infrastructure and improvements
as above provided, prior to requesting final plat approval, a performance
bond or other security sufficient to cover the full cost of the same,
as estimated by the Planning Board or a Town department designated
by the Planning Board to make such estimate, where such departmental
estimate is deemed acceptable by the Planning Board, shall be furnished
to the Town by the owner.
(b)
Security where plat approved in sections. In
the event that the owner shall be authorized to file the approved
plat in sections, as provided in § 276, Subdivision 7(b)
of the New York State Town Law, approval of the plat may be granted
upon the installation of the required improvements or in the furnishing
of security covering the costs of such improvements in the section
of the plat to be so approved. The owner shall not be permitted to
begin construction of buildings in any other section until the required
improvements have been installed in such section or a security covering
the cost of such improvements has been provided and a plat relating
to such section has been filed in the office of the County Clerk.
(c)
Form of security. Any such security must be
provided pursuant to a written security agreement with the Town, approved
by the Town Board and also approved by the Town Attorney as to form
and manner of execution and the Town Engineer as to sufficiency, and
shall be limited to:
[1]
A performance bond issued by a bonding or surety
company authorized to do business in this state;
[2]
The deposit of funds in or a certificate of
deposit issued by a bank or trust company located and authorized to
do business in this state;
[3]
An irrevocable letter of credit from a bank
located and authorized to do business in this state;
[4]
Obligations of the United States of America;
or
[5]
Any obligations fully guaranteed as to interest
and principal by the United States of America, having a market value
at least equal to the full cost of such improvements. If not delivered
to the Town, such security shall be held in a Town account at a bank
or trust company.
(d)
Term of security agreement. Any such performance
bond or security agreement shall run for a term to be fixed by the
Planning Board, but in no case for a longer term than three years;
provided, however, that the term of such performance bond or security
agreement may be extended by the Planning Board with consent of the
parties thereto. If the Planning Board shall decide at any time during
the term of the performance bond or security agreement that the extent
of building development that has taken place in the subdivision is
not sufficient to warrant all the improvements covered by such security
or that the required improvements have been installed as contemplated
to an extent to warrant reduction in the amount of said security,
and upon approval by the Town Board, the Planning Board may modify
its requirements for any or all such improvements, and the amount
of such security shall thereupon be reduced by an appropriate amount
so that the reduced amount will cover the full cost of the amended
list of improvements required by the Planning Board.
(e)
Default of security agreement. In the event
that any required improvements have not been installed within the
term of such security agreement, the Town Board may thereupon declare
said performance bond or security agreement to be in default and collect
the sum remaining payable thereunder; and upon the receipt of the
proceeds thereof, the Town shall install such improvements as are
covered by such security as are commensurate with the extent of building
development that has taken place in the subdivision but not exceeding
in cost the amount of such proceeds.
(3) Maintenance bond. Where improvements are being dedicated
to the Town, the subdivider shall submit a maintenance bond or other
approved security to guarantee maintenance and repair of those improvements
for 12 months from the date of dedication. The maintenance bond shall
generally be a maximum of 15% of the costs of improvements, subject
to approval of the Town Board, and may be waived or altered by the
Town Board on the advice of the Town Engineer.
F. Final plat requirements for major subdivision. The
final plat shall be drawn on Mylar. The plat shall be prepared on
one or more sheets of a uniform size and scale. Final plat attachments
and exhibits shall be numbered and labeled in accordance with the
requirements of this section. The final plat submission shall include,
in addition to the information required for the preliminary plat submission,
the following:
(1) The exact locations, widths and names of all streets
within the subdivision.
(2) Complete curve data for all curves shown on the plat.
(3) Exact descriptions of all easements being provided
for services or utilities in the subdivision and any limitations placed
on the use of such easements.
(4) Accurate outlines of any lots or areas to be reserved
or dedicated for common use by residents of the subdivision or for
any public use, with the purpose indicated thereon.
(5) Building setback lines, shown graphically, with dimensions.
(6) A final version of all covenants and restrictions,
if any, the developer intends to impose in the subdivision. If no
such restrictions or covenants are to be imposed, a statement to that
effect shall be included.
(7) The total tract boundary lines of the area being subdivided,
with accurate distances to hundredths of a foot and bearings to one
minute. These boundaries shall be determined by accurate survey in
the field. The location and elevation of all boundary line (perimeter)
monuments shall be indicated, along with a statement of the total
area of the property being subdivided. In addition, the surveyor shall
certify as to the accuracy of the survey, the drawn plat and the placement
of the monuments.
(8) Satisfactory evidence that all improvements have either
been installed and approved, or that a performance guaranty has been
submitted to and approved by the Town Board.
(9) Complete final construction plans and profiles of
installed or proposed public or community sanitary sewage disposal
systems, with grades and pipe sizes.
(10)
Complete final construction plans of installed
or proposed public water or community supply systems, showing pipe
sizes and locations of valves and fire hydrants, if any.
(11)
Complete final construction plans and profiles
of installed or proposed storm drainage systems, with grades and pipe
sizes.
(12)
Evidence of actual agreements made with utility
companies or agencies for supplying each lot in the subdivision with
electric power and telephone service.
(13)
A key map, for the purpose of locating the site
to be subdivided, at a scale of not smaller than 2,000 feet to one
inch, showing the relation of the property to all streets, roads and
municipal boundaries existing within 4,000 feet of the subdivision.
United States Geological Survey quadrangle maps shall be the base
for such a key map.
(14)
Approval blocks for the signature of the Chairman
or other duly authorized member of the Town Planning Board shall appear
on the first sheet of all set of plats, including the Mylars.
(15)
A statement that erosion and sedimentation control
plan and stormwater management plan, if required by the Planning Board,
have been prepared and were approved by the Town Engineer.
G. Approval of final plats.
(1) Submission of final plats. Final plats shall conform
to the definition provided by this section. Plats may require further
review under SEQRA.
(2) Final plats which are in substantial agreement with
approved preliminary plats. When a final plat is submitted which the
Planning Board deems to be in substantial agreement with the approved
preliminary plat, 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 62 days of its receipt
by the Secretary of the Planning Board.
(3) Final plats not in substantial agreement with approved
preliminary plats. When a final plat is submitted which the Planning
Board deems not to be in substantial agreement with the approved preliminary
plat, the following shall apply:
(a)
Planning Board as lead agency under SEQRA; public
hearing; notice; decision.
[1]
Public hearing on final plats. The time within
which the Planning Board shall hold a public hearing on such final
plat shall be coordinated with any hearings the Planning Board may
schedule pursuant to SEQRA, as follows:
[a]
Environmental impact statement not required.
If the Planning Board determines that the preparation of an environmental
impact statement is not required, the public hearing on a final plat
not in substantial agreement with a preliminary plat shall be held
within 62 days after the receipt of a complete final plat by the Secretary
of the Planning Board; or
[b]
Environmental impact statement required. If
the Planning Board determines that an environmental impact statement
is required and a public hearing on the draft environmental impact
statement is held, the public hearing on the final plat and the draft
environmental impact statement shall be held jointly within 62 days
after the filing of the notice of completion of such draft environmental
impact statement in accordance with the provisions of SEQRA. If no
public hearing is held on the draft environmental impact statement,
the public hearing on the final plat shall be held within 62 days
following filing of the notice of completion.
[2]
Public hearing; notice, length. The hearing
on the final plat shall be advertised at least once in a newspaper
of general circulation in the Town at least five days before such
hearing if no hearing is held on the draft environmental impact statement
or 14 days before a hearing held jointly therewith. The Planning Board
may provide that the hearing be further advertised in such manner
as it deems most appropriate for full public consideration of such
final plat. The hearing on the final plat shall be closed upon motion
of the Planning Board within 120 days after it has been opened.
[3]
Decision. The Planning Board shall make its
decision on the final plat as follows:
[a]
Environmental impact statement is not required.
If the Planning Board determines that the preparation of an environmental
impact statement on the final plat is not required, 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 62 days after the date of the public hearing; or
[b]
Environmental impact statement is required.
If the Planning Board determines that an environmental impact statement
is required and a public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of such public hearing in
accordance with the provisions of SEQRA. If no public hearing is held
on the draft environmental impact statement, the final environmental
impact statement shall be filed within 45 days following the close
of the public hearing on the final plat. Within 30 days of the filing
of the final environmental impact statement, the Planning Board shall
issue findings on such final environmental impact statement and shall
by resolution conditionally approve, with or without modification,
disapprove or grant final approval and authorize the signing of such
plat.
[4]
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board.
(b)
Planning Board not as lead agency under SEQRA;
public hearing; notice; decision.
[1]
Public hearing. The Planning Board shall, with
the agreement of the lead agency, hold the public hearing on the final
plat jointly with the lead agency's hearing on the draft environmental
impact statement. Failing such agreement, or if no public hearing
is held on the draft environmental impact statement, the Planning
Board shall hold the public hearing on the final plat within 62 days
after the receipt of a complete final plat by the Secretary of the
Planning Board.
[2]
Public hearing; notice, length. The hearing
on the final plat shall be advertised at least once in a newspaper
of general circulation in the Town at least five days before such
hearing if held independently of the hearing on the draft environmental
impact statement or 14 days before a hearing held jointly therewith.
The Planning Board may provide that the hearing be further advertised
in such manner as it deems most appropriate for full public consideration
of such final plat. The hearing on the final plat shall be closed
upon motion of the Planning Board within 120 days after it has been
opened.
[3]
Decision. 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
62 days after the close of the public hearing on such final plat as
follows:
[a]
If the preparation of an environmental impact
statement on the final plat is not required, the Planning Board shall
make its decision within 62 days after the close of the public hearing
on the final plat.
[b]
If an environmental impact statement is required,
the Planning Board shall make its decision on the final plat within
62 days after the close of the public hearing on such final plat or
within 30 days of the adoption of findings by the lead agency, whichever
period is longer.
[4]
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board.
H. Approval and certification of final plats.
(1) Certification of plat. Within five business days of
the adoption of the resolution granting conditional or final approval
of the final plat, such plat shall be certified by the Secretary of
the Planning Board as having been granted conditional or final approval
and a copy of such resolution and plat shall be filed in such Secretary's
office. A copy of the resolution shall be mailed to the owner. In
case of a conditionally approved plat, such resolution shall include
a statement of the requirements which when completed will authorize
the signing thereof. Upon completion of such requirements the plat
shall be signed by said duly authorized officer of the Planning Board
and a copy of such signed plat shall be filed with the Town Clerk.
(2) Approval of plat in sections. In granting conditional
or final approval of a plat in final form, the Planning Board may
permit the plat to be developed in two or more sections and may in
its resolution granting conditional or final approval state such requirements
as it deems necessary to ensure the orderly development of the plat
be completed before said sections may be signed by the duly authorized
officer of the Planning Board. Conditional or final approval of the
sections of a final plat may be granted concurrently with conditional
or final approval of the entire plat, subject to any requirements
imposed by the Planning Board.
(3) Duration of conditional approval of final plat. Conditional
approval of the final plat shall expire within 180 days after the
resolution granting such approval unless all requirements stated in
such resolution have been certified as completed. The Planning Board
may extend by not more than two additional periods of 90 days each,
the time in which a conditionally approved plat must be submitted
for signatures if, in the Planning Board's opinion, such extension
is warranted by the particular circumstances.
I. Default approval of preliminary or final plat. The
time periods prescribed herein within which a Planning Board must
take action on a preliminary plat or a 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 plat or a final plat within
the time prescribed therefore after completion of all requirements
under the State Environmental Quality Review Act, 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.
J. Filing of final plat; expiration of approval.
(1) The owner shall file in the office of the County Clerk
such approved final plat or a section of such plat within 62 days
from the date of final approval or such approval shall expire. The
following shall constitute final approval:
(a)
The signature of the duly authorized officer
of the Planning Board constituting final approval by the Planning
Board of a plat as herein provided; or
(b)
The approval by such Board of the development
of a plat or plats already filed in the office of the County Clerk
of the County in which such plat or plats are located if such plats
are entirely or partially undeveloped; or
(c)
The certificate of the Town Clerk as to the
date of the submission of the final plat and the failure of the Planning
Board to take action within the time herein provided.
(2) In the event that the owner shall file only a section
of such approved plat in the office of the County Clerk, the entire
approved plat shall be filed within 30 days of the filing of such
section with the Town Clerk in each Town in which any portion of the
land described in the plat is situated. Such section shall encompass
at least 10% of the total number of lots contained in the approved
plat, and the approval of the remaining sections of the approved plat
shall expire unless said sections are filed before the expiration
of the exemption period to which such plat is entitled under the provisions
of § 265-2, Subdivision 2, of the New York State Town Law.