§ 249-9. Preliminary plat approval for major subdivisions.  


Latest version.
  • A. 
    Application and fee.
    (1) 
    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 plat of the proposed subdivision, in the form described in § 249-24 of this regulation. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of Article 16 of the Town Law and § 249-24 of these regulations, except where a waiver may be specifically authorized by the Planning Commission.
    (2) 
    Application fee. The application for conditional approval of the preliminary plat shall be accompanied by a fee, per lot, as affixed by the Rotterdam Town Board and designated in Chapter 126 of the Code of the Town of Rotterdam, entitled "Fees."
    (3) 
    Administrative fees. The costs incurred for the review of an application by the Town Engineer, for consulting engineering fees or other consulting fees in conjunction with the Planning Board's review for a proposed application, including reviews required under the New York State Environmental Quality Review Act, shall be charged to the applicant. The Planning Board shall obtain an estimate from any designated consultant for an amount sufficient to defray the costs of such services. The applicant shall enter into an escrow agreement with the Town of Rotterdam, and said agreement shall be executed by the Rotterdam Town Supervisor, upon authorization from the Rotterdam Town Board and recommendation of the Rotterdam Planning Commission. The Rotterdam Town Attorney shall prescribe the terms and appropriate form of the escrow agreement. Any portion of the estimated charges so collected by escrow agreement which is not expended by the Town shall be returned to the applicant.
    [Added 12-9-1992 by L.L. No. 32-1992]
    Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
    B. 
    Number of copies. Eight copies of the preliminary plat, stamped "PRELIMINARY PLAT" shall be presented to the Chairman of the Planning Commission at least 10 days prior to a regular monthly meeting of the Planning Commission.
    [Amended 4-5-1978]
    C. 
    Subdivider to attend Planning Commission meeting. The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Commission to discuss the preliminary plat.
    D. 
    Study of preliminary plat. The Planning Commission shall study the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided and the timing of such development. 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, the preservation of existing design features and the requirements of the Master Plan, the Official Map (if any), zoning regulations and the development of an attractive and convenient neighborhood.
    E. 
    When officially submitted. The time of submission of the preliminary plat shall be considered to be the date of the regular monthly meeting of the Planning Commission, at least 10 days prior to which the application for conditional approval of the preliminary plat, complete and accompanied by the required fee and all data required by § 249-24 of these regulations, has been filed with the Chairman of the Planning Commission.
    F. 
    Action on preliminary plat. Such a preliminary plat shall be clearly marked "preliminary plat" and shall conform to the definition provided in Town Law § 276, Subdivision 4. The Planning Commission shall approve, approve with conditions or disapprove the preliminary plat in accordance with the procedures set forth in Town Law § 276, Subdivision 5.
    [Amended 4-5-1978]
    Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Amended 1-21-1976; 12-9-1992 by L.L. No. 32-1992