§ 46-82. Plat.

(a)

Application for approval.

(1)

The subdivider shall, within six months after the conditional approval of the preliminary layout, file with the planning board an application for approval of all or part of the proposed subdivision, using the approved application blank available from the secretary of the planning board. The subdivider may develop the subdivision in progressive stages instead of in its entirety, but no subdivision or portion thereof shall be considered unless it has frontage on a public street; or unless it abuts at least one street on the official map, if such exists, which street shall be improved to the satisfaction of the planning board; or unless it has an approved street for which a bond has been filed under section 46-106. Failure to submit a section of the plat within six months shall automatically cancel the conditional approval, unless extended by the planning board. Such extension shall be granted only if the proposed subdivision fully conforms to the zoning regulations in effect at the time such extension is applied for, or any zoning amendments pending at the time.

(2)

Where plat approval is requested it shall be submitted in sections as per planning board recommendations. If any section of the plat, other than the first one, has not been submitted for approval within the two-year period, then the conditional approval of the preliminary layout as it pertains to such remaining sections shall be automatically cancelled, unless extended by the board.

(3)

Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of chapter 19, article II, divisions 1 and 2 of this local law and with the terms of preliminary plan approval shall be required for final 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 final subdivision plat shall be consistent with the provisions of this local law.

(b)

Number of copies. A subdivider intending to submit a proposed subdivision plat for the approval of the planning board shall provide the secretary of the board with a copy of the application and three copies (one on cloth) of the plat, the original and one true copy of all offers of cession, covenants and agreements, and two prints of all construction drawings, at least two weeks in advance of the meeting at which it is to be submitted.

(c)

Official submission. The subdivision plat shall be considered officially submitted only when all the surveys, plans, and data required in sections 46-29 through 46-32 are submitted complete and in good form, together with the application and fee, at a regular meeting of the planning board. In addition, if the applicant elects to construct any or all required improvements, as specified in section 46-106(a)(2), the village engineer must file a certificate with the planning board stating that these improvements have been satisfactorily installed before the subdivision plat shall be considered officially submitted.

(d)

Endorsement of state and county agencies. Water and sewer facility proposals in the subdivision plat shall be properly endorsed and approved by the state department of health. Applications for approval of plans for sewer or water facilities will be filed by the subdivider with all necessary village, county and state agencies. Endorsement and approval by the state department of health shall be secured by the subdivider before official submission of the subdivision plat.

(e)

Public hearing. Before the planning board will act on any subdivision plat, it shall hold a public hearing thereon in accordance with Village Law § 7-728 et seq. Notice of the hearing will be duly published, and in addition will be mailed at least five days in advance of the hearing to all abutting property owners, to all owners directly across any streets, all owners adjoining the proposed subdivision, and to such other persons as the board may deem particularly affected.

(f)

Action on proposed subdivision plat. The planning board shall, within 60 days from the official submission date of the subdivision plat, approve or approve with modification, or disapprove the subdivision plat. However, the subdivision plat shall not be signed by the authorized officers of the board for recording until the subdivider has complied with the provisions of sections 46-106 through 46-111.

(g)

Issuance of building permits. Notwithstanding the requirements of the zoning ordinance and other applicable codes and ordinances, the building inspector may issue building permits for lots on the approved plat upon notification by the planning board that required improvements have been properly installed or that a bond to cover these improvements has been filed with the village clerk.

(Code 1966, § 13-12; L.L. No. 1-2015, Art. 3(B), 2-23-15)