A Local Law of the Town of Colesville Amending Land Subdivision Regulations for the Town of Colesville
Local Law 3-96
Adopted April 4, 1996
Be it enacted by the Town Board of the Town of Colesville as follows:
Section 1: Authority
This Local Law is enacted pursuant to the provisions of paragraph 13 of Section 271 of the Town Law of the State of New York.
Section 2: Purpose
The purpose of this Local Law is to adopt the recommendations of the Town of Colesville Planning Board approved at the February 14, 1996 regular meeting of said Board revising the current subdivision regulations, as set forth hereinafter.
Section 3. Amendments.
Local Law 3-1995 entitled "A Local Law of the Town of Colesville Amending Land Subdivision Regulations for the Town of Colesville" adopted September 7, 1995 be and hereby is amended by this Local Law as follows:
•A. Section 3 (E) (Preliminary Plat) is amended as follows: Planning Board not as lead agency under the Stat e Environmental Quality Review Act.
•(1) The Planning Board shall, with the agreement of the lead agency, hold the 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
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on the draft Environmental Impact Statement, the Planning Board shall hold the public hearing on the Preliminary Plat within sixty-two days after the receipt of a complete Preliminary Plat by the clerk of the Planning Board.
(2) Remains the same.
(3) The Planning Board shall by resolution approve with or without modification or disapprove the Preliminary Plat as follows:
(a) If the preparation of an Environmental Impact Statement on the Preliminary Plat is not required, the Planning Board shall make its decision within sixty-two days after the close of the public hearing on such Preliminary Plat or within thirty days of the adoption of findings by the lead agency, whichever period is longer.
(4) Remains the same.
•B. Section 4 (F) (II) (Final Subdivision Plat) is amended as follows:
II. Planning Board not as lead agency; 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 sixty-two days after the receipt of a complete Final Plat by the clerk of the Planning Board.
(2) Remains the same.
(3) Decisions. The Planning Board shall by resolution conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of such Plat as follows:
(a) If the preparation of an Environmental Impact Statement on the Final Plat is not
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required, the Planning Board shall make its decision within sixty-two 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 own findings and its decision on the Final Plat within sixty-two days after the close of the public hearing on such Final Plat or within thirty days of the adoption of findings by the lead agency, whichever period is longer. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.
C.-Section 4 (G) (Approval and Certification of Final Plats) is amended as follows:
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 clerk 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 clerk'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 with 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 in the office of the clerk of the Planning Board or filed with the Town Clerk as determined by the Town Board. Filing of Plat. Within sixty-two (62) days of the final approval of the subdivision plat by the Planning Board, the subdivider shall file a copy of the subdivision plat in the office of the County Clerk. Said subdivision plat shall be endorsed in writing on the lat in such a manner as the Planning Board may designate. Such endorsement shall stipulate that the plat does not conflict with the County Official Map, if 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 Section 239-K of the General Municipal Law. Such final approval shall have been deemed to expire if the plat is not so filed within the said sixty-two (62) days.
D. Section 4 (I) (Default approval of Preliminary or Final Plat) is amended as follows:
The time periods prescribed herein within which a Planning Board must take action on a Preliminary Plat or a Final Plat may be extended only by mutual consent of the owner and the Planning Board. In 193-12
(3) Remains the same.
F. Section 7(A) (Public Streets, Recreation Areas, Reimbursement of Town Expense) is amended as follows:
A. Public Acceptance of Streets.
The subdivider shall tender offers of cession, in a form certified as satisfactory by the Town Board, of all lands included in streets, highways or parks not specifically reserved by him. The approval by the Planning Board of a Subdivision Plat shall not be deemed to constitute or be evidence of any acceptance by the Town of any street, easement, or other open space shown on such Subdivision Plat. The Planning Board shall require the Plat to be endorsed with appropriate notes to this effect.
Section 3. Separability Clause
If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction such judgment shall be have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances and the Town Board of the Town of Colesville hereby declares that it would have passed this local law or the remainder thereof had such invalid application or invalid provision been apparent.
Section 4. Repeal
All Ordinances, Local Laws and parts thereof inconsistent with this Local Law are hereby repealed including but not limited to Local Law 3-1995 entitled "A Local Law of the Town of Colesville Amending Land Subdivision Regulations for the Town of Colesville enacted September 7, 1995.
Section 5. Effective Date
This local law shall take effect immediately upon filing in the Office of the Secretary of State
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