§ 46-81. Preliminary layout.

(a)

Application. Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the consideration of a preliminary layout of the proposed subdivision, in the form described in section 46-31. The preliminary layout shall, in all respects, comply with the requirements set forth in the provisions of Village Law § 7-728 et seq. and section 46-31 of this chapter, except where a waiver may be specifically authorized by the planning board.

(b)

Number of copies. Five copies (one copy on cloth may be required) of the preliminary layout shall be presented to the secretary of the planning board at least two weeks prior to a scheduled board meeting.

(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 preliminary layout.

(d)

Study of layout. The planning board shall study the practicability of the preliminary layout, 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 zoning regulations.

(e)

Conditional approval of preliminary layout.

(1)

Following review of the preliminary layout, the planning board shall, within 45 days, act thereon, as submitted, or modified, and if approved, the planning board shall express its approval as conditional approval and state the conditions of such approval, if any, with respect to:

a.

The specific changes which it will require in the preliminary layout.

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 amount of improvement or the amount of all bonds therefor which it will require as prerequisite to the approval of the subdivision plat.

If the preliminary layout is disapproved, the planning board shall express its disapproval and its reasons therefor.

(2)

The action of the planning board shall be noted on two copies of the preliminary layout, referenced and attached to any conditions determined. One copy shall be returned to the subdivider and the other retained by the planning board.

(3)

Conditional approval of the preliminary layout 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 layout 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 conditional approval, 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.

(4)

Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of this Code shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in chapter 19, article II, division 2 of this local law. The approved preliminary subdivision plat shall be consistent with the provisions of this local law.

(Code 1966, § 13-11; L.L. No. 1-2015, Art. 3(A), 2-23-15)

Cross reference

Fees for subdivision applications, § 2-163.