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EXHIBIT G
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Chapter 127
STREETS AND SIDEWALKS
[HISTORY: Adopted by the Board of Trustees of the Village of Philmont as indicated in article
histories. Amendments noted where applicable.]
ARTICLE I
Trees
[As last revised 3-4-1955]
§ 127-1. Placement of trees and shrubbery.
No person shall set out or plant any shrubbery or tree of any description on any of the streets of
the Village, otherwise than inside of the curbline, without the permission of the Board of
Trustees of the Village, and all trees within the Village within close proximity of the street line
shall be kept trimmed as ordered and directed by the Board of Trustees of the Village.
§ 127-2. Penalties for offenses. ^
Any violation of the above section shall be punishable by a fine not to exceed $250,
imprisonment for not more than 15 days, or both sueh fine and imprisonment.
ARTICLE II
Display of Goods on Sidewalks
[As last revised 3-4-1955]
§ 127-3. Placement of articles in front of bnildings.
No person shall place in any street or hang out or suspend over any street or sidewalk any goods,
wares, or merchandise or any other article in front of any building at a greater distance than three
feet from the building line, excepting for the time actually and necessarily required in receiving
and delivering the same.
§ 127-4. Penalties for offenses. 2
Any violation of the above section shall be punishable by a fine not to exceed $250,
imprisonment for not more than 15 days, or both sueh fine and imprisonment.
ARTICLE III
Cleaning of Sidewalks and Gutters
[As last revised 3-4-1955]
§ 127-5. Streets to be kept clean; removal of snow and ice.
1. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
2. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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No owner or occupant of any building or lot in the Village shall neglect or refuse upon written
notice from the Board of Trustees of the Village to clean the streets, sidewalks or alleys
adjoining such premises as ordered and directed by the Board of Trustees; nor shall any owner or
occupant of any building or lot neglect to keep the sidewalks and gutters adjoining said premises
free and clear from all ice and snow.
§ 127-6. Penalties for offenses. ^
Any violation of the above section shall be punishable by a fine not to exceed $250,
imprisonment for not more than 15 days, or both such fine and imprisonment.
ARTICLE IV
Snow and Ice Removal
[Adopted 12-8-1986 by L.L. No. 1-1986]
§ 127-7. Duty to keep sidewalks clear.
The owner of every lot or premises within the Village of Philmont shall keep the sidewalks
adjoining said lot or premises free and clear of all ice and snow for the entire length and width, at
least 24 inches, of said sidewalk.
§ 127-8. Time limit for removal.
Snow and ice shall be removed and cleared away from the sidewalks in the manner specified in §
127-7 hereof within 24 hours after each snow or ice shall have fallen or formed on said
sidewalks.
§ 127-9. Placing ice or snow on plowed street prohibited.
No person shall throw or place, by any means, any snow or ice on any portion of any Village
street or thoroughfare which has been plowed or shovelled out for the purpose of allowing the
passage of traffic. On any lot or premises where there is no room to dispose of snow or ice, snow
and ice may be piled at the edge of the sidewalk again, leaving sufficient space for pedestrian
traffic as outlined in § 127-7 above.
§ 127-10. Penalties for offenses. 4
Any person committing, an offense against any provision of this article shall be guilty of a
violation and shall appear in Village Court to answer same. Punishment shall be a fine not to
exceed $250 and/or imprisonment for 15 days for each offense. The continuation of an offense
against the provisions of this article shall constitute, for each day the offense is continued, a
separate and distinct offense hereunder.
ARTICLE V
Road Utility Specifications
[Adopted 7-11-1988 by L.L. No. 3-1988]
3. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
4. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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§ 127-11. Right-of-way width.
A. The developer shall dedicate to the Village of Philmont a minimum right-of-way width of
50 feet for straight rights-of-way and a minimum of diameter of 100 feet for streets ending
in a cul-de-sac. All utilities and street improvements shall be included within the bounds of
the dedicated rights-of-way. Streets shall be centered within the right-of-way.
B. Drainage ditches and culverts shall only be installed outside street rights-of-way if
absolutely necessary. In such cases a right-of-way at least 20 feet wide shall be granted to
the Village of Philmont and the drainage ditch or culvert shall be centered on the
right-of-way.
C. Greater right-of-way widths may be required for streets other than minor streets.
D. All rights-of-way shall be described by accurate metes and bounds descriptions.
§ 127-12. Drainage.
No street will be accepted by the Village of Philmont without proper positive drainage consisting
of roadside ditches, catch basins and culverts as necessary. All culverts shall be corrugated steel
meeting New York State Department of Transportation specifications and shall be 16 gauge
minimum.
§ 127-13. Approval of plans.
Plans prepared by a licensed professional engineer are to be submitted to the Village of Philmont
to be reviewed by the Village Highway Superintendent and Village Engineer before commencing
any street or utility construction. Street and drainage details shall be clearly set out on the plan,
and the plans shall include topography at a two-foot contour interval, typical road section at each
100 foot station and culvert profiles.
§ 127-14. Street construction.
A. Clearing and grubbing.
(1) All trees^ushes and other vegetation shall be removed from the entire width of the
right-of-way. Topsoil shall be removed to acceptable subgrade material and the
subgrade topsoil shall be brought to proper line and grade. A ten-ton minimum steel
wheeled roller shall be used to compact the subgrade.
(2) Subgrade shall be free of sod, roots and other objectionable materials and any soft
spots or material considered imsuitable shall be removed as required and backfilled
with run-of-bank gravel.
(3) Low spots may be filled with acceptable excess subgrade material.
(4) Filled sections shall be constructed of acceptable subgrade materials free of sod,
roots, frozen materials and other objectionable materials and shall not contain stones
larger than six inches in largest dimensions. Fills shall be brought up in successive
six-inch lifts and each lift shall be thoroughly compacted.
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B. Foundation course. A twelve-inch-thick foundation course shall be placed over the entire
road section as shown in the attached typical section. The foundation course shall consist of
clean gravel of such a size as 100% shall pass a four-inch square sieve. Thirty percent to
65% shall pass a number 200 sieve. The foundation eourse shall be placed and thoroughly
compacted into separate lifts to produce a final eompacted thickness of 12 inches. A
ten-ton roller shall be used for compaction.
C. Settlement period. Once the foundation course has been placed, a minimum three-month
settlement period shall be allowed prior to placing the wearing surface. Calcium chloride
shall be applied to control dust.
D. Wearing surface.
(1) The wearing surface shall consist of a triple course bituminous mat and shall, in
general, be installed in accordance with the requirements of Seetion 410 of New York
State Department of Transportation standard specifications as applicable and
otherwise specified. The wearing course shall be installed in the following steps:
(a) Fine grade foundation course and roll thoroughly. Broom surface to remove any
loose material or dust poekets.
(b) Place gravel shoulders using foundation course gravel minus any stone larger
than one ineh in size.
(c) Apply MC-70 medium curing liquid asphalt at 0.5 gallons per square yard.
(d) Apply No. 2 crushed stone and roll thoroughly to produce an additional
one-inch layer.
(e) Apply RC-800 rapid curing liquid asphalt at 0.75 gallons per square yard.
(f) Apply No. 1 crushed stone and roll thoroughly to produce an additional
one-ineh layer.
(g) Apply RC-800 rapid euring liquid asphalt at 0.5 gallons per square yard.
(h) Apply No. lA crushed stone at 16 pounds per square yard and roll thoroughly.
(i) Blot any excess asphalt as necessary with No. 1A stone and reroll as necessary.
(2) RC-250 rapid curing asphalt maybe substituted with prior approval for RC-800
during eooler weather.
(3) Asphalt and crushed stone shall conform to New York State Department of
Transportation standard specifieations.
(4) Prior notiee is to be given before placing foundation course and before paving. The
Village ofPhilmont reserves the right to inspect the work or have its representative do
so at any time and complete aecess shall be given.
§ 127-15. Final acceptance.
No rights-of-way or improvements will be acceptable by the Village of Philmont until a final
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inspection has been made by the Village Highway Superintendent or the Village Engineer after
all improvements have been made and after it has been demonstrated that the drainage facilities
installed are adequate under actual conditions. The Village of Philmont reserves the right to
require additional improvements to correct drainage or other problems prior to acceptance.
§ 127-16. Applicability.
This specification applies to rights-of-way and street improvements for minor roads. These
specifications may be modified for roads considered major roads.
§ 127-17. Sewage and utilities.
Sewer lines shall consist of a ten-inch SCH. 40 PVC pipe. Water lines shall consist of a six-inch
SCH. 40 PVC pipe with fire hydrants every 200 feet. Electric and telephone lines shall be laid
out by the appropriate utility.
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Chapter 130
SUBDIVISION OF LAND
[HISTORY: Adopted by the Board of Trustees of the Village of Philmont hy L.L. No. 3-1990.
Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch.57.
Sewers — See Ch. 118.
Streets and sidewalks — See Ch. 127.
Water —See Ch. 152.
Zoning — See Ch. 160.
ARTICLE I
Title and Purpose
§130-1. Title.
This chapter shall be known as Local Law 3 of 1990 or the "Subdivision Law of the Village of
Philmont, New York."
§ 130-2. Enacting clause.
The Village Board of the Village of Philmont in the County of Columbia, pursuant to § 7-718 of
the Village Law, Municipal Home Rule Law § 10, Subdivision l(ii)(e)(3), and Local Law No.
2-1990, hereby ordains, enacts and publishes this chapter.
§ 130-3. Purpose.
The purpose of this chapter is to promote the general welfare of the people in accordance with
the Village's Comprehensive Master Plan. Therefore, this chapter is designed to:
A. Encourage the most appropriate use of Village land with regard to its natural beauty, so as
to conserve and enhance the value of its property;
B. Protect and conserve the aesthetic aspects, character, environment, social and economic
stability ofthe Village;
C. Provide adequate and suitably located commercial facilities;
D. Regulate building densities in order to assure access of light and circulation of air, facilitate
the prevention and fighting of fires, and prevent undue concentration of population;
E. Assure privacy for residents and freedom from nuisance and things harmfial to the senses;
F. Protect the community against unsightly, obtrusive and noisy land uses and operations;
G. Lessen congestion on streets and highways and provide efficient municipal services;
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H. Improve traffic circulation; plan for adequate off-street parking and loading facilities;
I. Provide adequately for water, sewerage, educational facilities, parks, conservation and
recreation areas;
J. Protect streams and ponds from pollution and avoid hazardous conditions and excessive
damage from stormwater runoff and flooding;
K. Protect the water table and encourage wise use and sound management of natural resources
so that they may be preserved;
L. Assure future preservation of open space and recreation lands as an integral part of future
development;
M. Provide a variety of housing types and environments in order to afford the maximum
opportunity for people to find a housing and living style suitable to their needs and desires.
ARTICLE II
Procedure for Approval of Land Subdivision
§ 130-4. Required application procedures.
The following subdivision regulations are hereby enacted pursuant to § 7-718 of the Village
Law. Whenever any subdivision of land is proposed, and before any contract for the sale or lease
of, or any offer to sell or lease any lots in such subdivision or any part thereof is made, before
any property is transferred or deed is recorded, and before any permit for the erection of any
structure in such proposed subdivision shall be granted, the subdivider or his duly authorized
agent shall apply in writing for approval of such proposed subdivision in strict accordance with
the following procedures.
§ 130-5. Sketch plat review and classification.
A. Submission of sketch plat. The property owner, or his duly authorized representative, shall
submit to the Clerk of the Planning Board at least 14 days prior to the regular meeting of
the Planning Board a sketch plat application and three copies of a sketch plat of the
proposed subdivision for purposes of classification and preliminary discussion. If the
proposed subdivision is a major subdivision, the sketch plat shall conform to the
requirements listed in §§ 130-8 and 130-9 of these regulations.
B. Classification and designation. Classification of the sketch plat is to be made at the regular
meeting by the Planning Board as to whether it is a minor or major subdivision as defined
in these regulations. A notation regarding classification shall be made by the Planning
Board directly on the sketch plat. The Planning Board may require, however, when it
deems necessary for protection of the public health, safety and welfare, that a minor
subdivision comply with all or some of the requirements specified for major subdivisions.
If the sketch plat is classified as a minor subdivision, the subdivider shall then comply with
the procedure outlined in § 130-7 of these regulations. If it is classified as a major
subdivision, the subdivider shall then comply with the procedures outlined in §§ 130-8 and
9. The Planning Board shall, based upon input provided by the applicant, also designate the
name by which the subdivision shall be known.
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C. Study of sketch plat.
(1) The Planning Board shall within 60 days of a complete submission determine whether
the sketch .plat meets the objectives of these regulations and shall, where it deems
necessary, make in writing specific recommendations to be incorporated by the
applicant in the next submission to the Planning Board. In its review, the Planning
Board may schedule a field visit to the site. To facilitate the inspection of the site, the
subdivider shall have the comers of the property, proposed lot comers, and the center
line of any proposed streets marked by temporary stakes. The subdivider may be
requested to accompany the Planning Board during its site visit.
(2) Sketch plat review requires the filing of an initial application and payment of a fee in
accordance with the subdivision fee schedule established and annually reviewed by
the Village Board upon recommendation of the Planning Board. Sketch plat
endorsement does not allow filing of a plat with the County Clerk or authorize the
sale or lease of, or any offer to sell or lease, any lots in such subdivision or any part
thereof.
§ 130-6. Minor subdivision/major subdivision dichotomy.
A. Subdivision defined. The division of any parcel of land into two or more lots, plots, sites,
or other division of land for the purpose of lot line alteration, transfer of ownership, lease .
or building development. For purpose of these regulations, a parcel shall be considered
already subdivided if intersected, crossed or divided by one or more public streets, railroad
or utility rights-of-way.
B. Minor subdivision. Any subdivision containing less than 20.0 acres within the Village, and
for which subdivision approval for any portion of the parcel has not been granted within 10
years from the date of application and which contains not more than four lots, each of at
least the minimum lot area and dimension permitted by this chapter, each fronting on an
existing street, and not involving any new street or road.
C. Major subdivision. Any subdivision not classified as a minor subdivision.
§ 130-7. Approval of minor subdivision plat.
A. Application and fee. Within six months of the classification by the Planning Board of the
sketch plat of a proposed subdivision as a minor subdivision, the property owner, or his
duly authorized representative, shall submit an application for approval of a minor
subdivision plat. The plat shall conform to the layout shown on the sketch plat plus any
recommendations made by the Planning Board. Said application shall also conform to the
requirements listed in § 130-20 of these regulations. Any application for plat approval for a
minor subdivision shall be accompanied by the applicable fee in accordance with the
subdivision fee schedule established and aimually reviewed by the Village Board upon
recommendation of the Planning Board. A copy of said fee schedule shall be available
from the Clerk of the Planning Board.
B. Number of copies. The application for approval of a minor subdivision plat, complete with
six copies of the subdivision plat and all further required data specified within § 130-20,
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shall be filed with the Clerk of the Planning Board at least 14 days prior to the regular
meeting of the Planning Board at which time it shall be introduced and considered
officially received by the Planning Board for purposes of these regulations.
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 minor
subdivision plat.
D. Approval procedure.
(1) Within 62 days of the receipt of the complete subdivision plat application by the
Planning Board, the Planning Board shall hold a public hearing on such plat.^
(2) Notice of the public hearing shall be advertised at least once in the official newspaper
of the Village at least five days before such hearing.
(3) Within 62 days from the date of such public hearing, the Planning Board shall act by
resolution on the subdivision plat. The Planning Board shall either approve,
conditionally approve with or without modification, or disapprove the plat. The Board
shall specifically state in writing its reasons for any such disapproval. In the event
that the required public hearing is not held, or if the Board fails to disapprove the
subdivision plat within the 62 days prescribed above, the plat shall be deemed
approved. The time in which the Planning Board must take action may only be
extended by mutual consent of the owner and the Planning Board.2
(4) Upon a resolution of approval, a reproducible and eight copies of the subdivision plat
shall be provided by the applicant and properly signed by the Chairman of the
Planning Board. The subdivision plat may then be filed by the applicant in the office
of the Columbia County Clerk. Any minor subdivision plat not so filed or recorded
within 62 days of the date upon which such plat is approved, or considered approved
by reason of the failure of the Planning Board to act, shall become null and void. If
conditional approval is granted, the Planning Board shall empower the Chairman of
the Planning Board to sign the plat upon compliance with such conditions and
requirements as may be stated in its resolution of conditional approval. Within five
days of the resolution granting conditional approval, the plat shall be so certified by
the Clerk of the Planning Board as conditionally approved, a copy filed in the
Planning Board office, and a copy so certified mailed to the subdivider. The copy
mailed to the subdivider shall include a statement of such requirements which, when
completed, will authorize the signing of the conditionally approved plat. Conditional
approval of a plat shall expire 180 days after the date of the resolution granting such
approval unless the requirements have been certified as completed within that time.
The Planning Board may, however, extend the time within which a conditionally
approved plat may be submitted for signature, if in its opinion such extension is
warranted, for a period not to exceed two additional periods of 90 days each.^
1. Editor's Note: Amended at time of adoption of Code (see Ch. 1, Generai Provisions, Art. 1).
2. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
3. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 1).
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§ 130-8. Approval of preliminary plat for a major subdivision.
A. Application and fees.
(1) Prior to the filing of an application for the approval of a major subdivision plat, and
within six months of the classification by the Planning Board of the sketch plat of a
proposed subdivision as a major subdivision, the property owner, or his duly
authorized representative, shall file an application for consideration with a
preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly
marked "preliminary plat" and shall be in the form and include all the data prescribed
by § 130-22 hereof. The preliminary plat shall, in all respects, comply with the
requirements of Article 7 of the Village Law and these regulations, except where a
waiver of any specific requirement may be specifically requested from, and
authorized by, the Planning Board.
(2) Payment of a fee shall accompany all applications for approval of a preliminary plat
for a major subdivision. Said application fee shall be in accordance with the
subdivision fee schedule established and annually reviewed by the Village Board
upon recommendation of the Planning Board. A copy of said fee sehedule shall be
available from the Clerk of the Planning Board.
B. Purpose.
(1) The preliminary plat and the supporting documents for a proposed subdivision
eonstitute the material to be officially submitted to the Planning Board, and later one
copy shall become the official record of the Village Clerk. The preliminary plat and
supporting documents shall show the layout of the subdivision and its public
improvements, so that the Planning Board can indicate its approval or disapproval of
the subdivision prior to the time that the final plat, including the final engineering
design and detailing of the public improvements and utilities, is eompleted. Approval
of the preliminary plat does not eonstitute an approval of the final plat, nor should it
be considered a valid basis for the construction of site improvements or other
eommitments which depend upon its design characteristics.
(2) The preliminary layout shall additionally serve as a key map to subdivisions
subsequently laid out in sections or phases on final plats.
C. Number of copies. The application for approval of the preliminary plat, complete with six
copies of the preliminary plat, shall be filed with the Clerk of the Plarming Board at least
14 days prior to the regular meeting of the Planning Board at which time it shall be
introduced and considered officially received by the Planning Board for purposes of these
regulations. A proposed submission which does not include all the required drawings and
documents specified within § 130-22 of these regulations shall not be accepted by the Clerk
of the Planning Board.
D. 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
plat.
E. Study of preliminary plat. The Planning Board shall study the practieality of the
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preliminary plat 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 relationship to the topography of the land, water supply,
sewage disposal, drainage, lot sizes and configuration, the future development of lands as
yet unsubdivided, and the requirements of the Master Plan, Official Map, if one exists, and
Chapter 160, Zoning.
F. Approval procedure.
(1) Within 62 days of receipt of the complete preliminary plat application by the
Planning Board, the Planning Board shall hold a public hearing on such preliminary
plat.4
(2) Notice of the public hearing shall be advertised at least once in a newspaper of
general circulation in the Village at least five days before such hearing.
(3) Within 62 days from the date of such public hearing, the Plamiing Board shall act by
resolution on the preliminary plat. The Planning Board shall either approve with or
without modifications, or disapprove the preliminary plat. The time in which the
Planning Board must take action may only be extended by mutual consent of the
owner and the Planning Board. Failure of the Planning Board to take action on a
preliminary plat within the time prescribed therefore shall be deemed approval of the
plat.5
(4) When approving a preliminary plat, the Planning Board shall state in writing the
modifications, if any, it deems necessary for submission of the plat in final form with
respeet to the specific changes which it will require in the preliminary plat, the extent
of waivers which may have been specifically requested and which in the Plaiming
Board's opinion may be authorized without jeopardy to the public health, safety, and
general welfare, and the categories of improvement and the estimated amount of all
bonds or similar performance guarantees which the Planning Board shall require as a
requisite to the approval of the final plat. The action of the Planning Board plus any
conditions attached thereto shall be noted on three copies of the preliminary plat. One
copy shall be returned to the subdivider, one copy shall be retained by the Planning
Board and one copy shall be forwarded to the Village Board, through the Village
Clerk. Prior to the approval of the final plat, the Planning Board may require
additional changes as a result of further study of the subdivision in final form or as a
result of new information obtained at the public hearing.
§ 130-9. Approval of final plat for a major subdivision.
A. Application and fee.
(1) Following approval, with or without modifications, of the preliminary plat, the
property owner, or his duly authorized representative, shall prepare a final plat,
together with all other supplementary documents, in accordance with § 130-18 of
4. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
5. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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these regulations. The application for final plat approval for a major subdivision, or
any section thereof, shall be accompanied by a processing fee in accordance with the
Village's subdivision fee schedule.
(2) The final plat and other supplementary documents shall be filed with the Clerk of the
Planning Board, together with a written application for final approval, within 180
days after approval, with or without modifications, of the preliminary plat, unless
such time limit is extended by mutual consent of the applicant and the Planning
Board.
B. Purpose. The final plat and the supporting documents for a proposed subdivision constitute
the complete development of the subdivision proposal. After public hearing, as required,
and approval by the Planning Board, this complete submission along with the applicable
performance guarantee and the general liability insurance policy, as approved by the
Village Board, becomes the basis for the development of the subdivision, the installation of
required improvements and the applicable inspection services by the Planning Board, the
designated Village Engineer or other delegated Village officials.
C. Number of copies. The application for approval of the final plat, complete with six copies
of the final plat, shall be filed with the Clerk of the Planning Board at least 14 days prior to
the regular meeting of the Planning Board at which time it shall be introduced and
considered officially received by the Planning Board for purposes of these regulations.
D. Approval procedure.
(1) Within 62 days of the receipt of the final plat by the Planning Board, the Planning
Board shall hold a public hearing, if required, on such final plat. Such hearing shall be
advertised at least once in a newspaper of general circulation in the Village; provided,
however, that when the Planning Board deems the final plat to be in substantial
agreement with a preliminary plat approved under § 130-8 of this chapter, and
modified in strict accordance with requirements of such approval, if such preliminary
plat has been approved with modifications, the Planning Board may waive by
resolution the requirement for such public hearing.^
(2) Within 62 days from the date of such public hearing, or from the date of receipt of the
application by the Clerk of the Planning Board if no such hearing is held, the
Planning Board shall act by resolution on the final plat. The Planning Board shall
either approve, conditionally approve with our without modification, or disapprove
the final plat. The time in which the Planning Board must take action may only be
extended by mutual consent of the owner and the Planning Board. Failure of the
Planning Board to take action on a final plat within the time prescribed therefore shall
be deemed approval of the plat.^
(3) If conditional approval is granted, the Planning Board shall empower the Chairman of
the Planning Board to sign the plat upon compliance with such conditions and
requirements as may be stated in its resolution of conditional approval. Within five
6. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
7. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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days of the resolution granting conditional approval, the plat shall be so certified by
the Clerk of the Planning Board as conditionally approved, a copy filed in the
Planning Board office, and a certified copy mailed to the subdivider which shall
include a statement of such requirements which, when completed, will authorize the
signing of the conditionally approved plat. Conditional approval of a plat shall expire,
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FILED: COLUMBIA COUNTY CLERK 09/09/2022 03:00 PM INDEX NO. E012022018817 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/09/2022 EXHIBIT G FILED: COLUMBIA COUNTY CLERK 09/09/2022 03:00 PM INDEX NO. E012022018817 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/09/2022 Chapter 127 STREETS AND SIDEWALKS [HISTORY: Adopted by the Board of Trustees of the Village of Philmont as indicated in article histories. Amendments noted where applicable.] ARTICLE I Trees [As last revised 3-4-1955] § 127-1. Placement of trees and shrubbery. No person shall set out or plant any shrubbery or tree of any description on any of the streets of the Village, otherwise than inside of the curbline, without the permission of the Board of Trustees of the Village, and all trees within the Village within close proximity of the street line shall be kept trimmed as ordered and directed by the Board of Trustees of the Village. § 127-2. Penalties for offenses. ^ Any violation of the above section shall be punishable by a fine not to exceed $250, imprisonment for not more than 15 days, or both sueh fine and imprisonment. ARTICLE II Display of Goods on Sidewalks [As last revised 3-4-1955] § 127-3. Placement of articles in front of bnildings. No person shall place in any street or hang out or suspend over any street or sidewalk any goods, wares, or merchandise or any other article in front of any building at a greater distance than three feet from the building line, excepting for the time actually and necessarily required in receiving and delivering the same. § 127-4. Penalties for offenses. 2 Any violation of the above section shall be punishable by a fine not to exceed $250, imprisonment for not more than 15 days, or both sueh fine and imprisonment. ARTICLE III Cleaning of Sidewalks and Gutters [As last revised 3-4-1955] § 127-5. Streets to be kept clean; removal of snow and ice. 1. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). 2. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). FILED: COLUMBIA COUNTY CLERK 09/09/2022 03:00 PM INDEX NO. E012022018817 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/09/2022 No owner or occupant of any building or lot in the Village shall neglect or refuse upon written notice from the Board of Trustees of the Village to clean the streets, sidewalks or alleys adjoining such premises as ordered and directed by the Board of Trustees; nor shall any owner or occupant of any building or lot neglect to keep the sidewalks and gutters adjoining said premises free and clear from all ice and snow. § 127-6. Penalties for offenses. ^ Any violation of the above section shall be punishable by a fine not to exceed $250, imprisonment for not more than 15 days, or both such fine and imprisonment. ARTICLE IV Snow and Ice Removal [Adopted 12-8-1986 by L.L. No. 1-1986] § 127-7. Duty to keep sidewalks clear. The owner of every lot or premises within the Village of Philmont shall keep the sidewalks adjoining said lot or premises free and clear of all ice and snow for the entire length and width, at least 24 inches, of said sidewalk. § 127-8. Time limit for removal. Snow and ice shall be removed and cleared away from the sidewalks in the manner specified in § 127-7 hereof within 24 hours after each snow or ice shall have fallen or formed on said sidewalks. § 127-9. Placing ice or snow on plowed street prohibited. No person shall throw or place, by any means, any snow or ice on any portion of any Village street or thoroughfare which has been plowed or shovelled out for the purpose of allowing the passage of traffic. On any lot or premises where there is no room to dispose of snow or ice, snow and ice may be piled at the edge of the sidewalk again, leaving sufficient space for pedestrian traffic as outlined in § 127-7 above. § 127-10. Penalties for offenses. 4 Any person committing, an offense against any provision of this article shall be guilty of a violation and shall appear in Village Court to answer same. Punishment shall be a fine not to exceed $250 and/or imprisonment for 15 days for each offense. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. ARTICLE V Road Utility Specifications [Adopted 7-11-1988 by L.L. No. 3-1988] 3. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). 4. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). FILED: COLUMBIA COUNTY CLERK 09/09/2022 03:00 PM INDEX NO. E012022018817 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/09/2022 § 127-11. Right-of-way width. A. The developer shall dedicate to the Village of Philmont a minimum right-of-way width of 50 feet for straight rights-of-way and a minimum of diameter of 100 feet for streets ending in a cul-de-sac. All utilities and street improvements shall be included within the bounds of the dedicated rights-of-way. Streets shall be centered within the right-of-way. B. Drainage ditches and culverts shall only be installed outside street rights-of-way if absolutely necessary. In such cases a right-of-way at least 20 feet wide shall be granted to the Village of Philmont and the drainage ditch or culvert shall be centered on the right-of-way. C. Greater right-of-way widths may be required for streets other than minor streets. D. All rights-of-way shall be described by accurate metes and bounds descriptions. § 127-12. Drainage. No street will be accepted by the Village of Philmont without proper positive drainage consisting of roadside ditches, catch basins and culverts as necessary. All culverts shall be corrugated steel meeting New York State Department of Transportation specifications and shall be 16 gauge minimum. § 127-13. Approval of plans. Plans prepared by a licensed professional engineer are to be submitted to the Village of Philmont to be reviewed by the Village Highway Superintendent and Village Engineer before commencing any street or utility construction. Street and drainage details shall be clearly set out on the plan, and the plans shall include topography at a two-foot contour interval, typical road section at each 100 foot station and culvert profiles. § 127-14. Street construction. A. Clearing and grubbing. (1) All trees^ushes and other vegetation shall be removed from the entire width of the right-of-way. Topsoil shall be removed to acceptable subgrade material and the subgrade topsoil shall be brought to proper line and grade. A ten-ton minimum steel wheeled roller shall be used to compact the subgrade. (2) Subgrade shall be free of sod, roots and other objectionable materials and any soft spots or material considered imsuitable shall be removed as required and backfilled with run-of-bank gravel. (3) Low spots may be filled with acceptable excess subgrade material. (4) Filled sections shall be constructed of acceptable subgrade materials free of sod, roots, frozen materials and other objectionable materials and shall not contain stones larger than six inches in largest dimensions. Fills shall be brought up in successive six-inch lifts and each lift shall be thoroughly compacted. FILED: COLUMBIA COUNTY CLERK 09/09/2022 03:00 PM INDEX NO. E012022018817 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/09/2022 B. Foundation course. A twelve-inch-thick foundation course shall be placed over the entire road section as shown in the attached typical section. The foundation course shall consist of clean gravel of such a size as 100% shall pass a four-inch square sieve. Thirty percent to 65% shall pass a number 200 sieve. The foundation eourse shall be placed and thoroughly compacted into separate lifts to produce a final eompacted thickness of 12 inches. A ten-ton roller shall be used for compaction. C. Settlement period. Once the foundation course has been placed, a minimum three-month settlement period shall be allowed prior to placing the wearing surface. Calcium chloride shall be applied to control dust. D. Wearing surface. (1) The wearing surface shall consist of a triple course bituminous mat and shall, in general, be installed in accordance with the requirements of Seetion 410 of New York State Department of Transportation standard specifications as applicable and otherwise specified. The wearing course shall be installed in the following steps: (a) Fine grade foundation course and roll thoroughly. Broom surface to remove any loose material or dust poekets. (b) Place gravel shoulders using foundation course gravel minus any stone larger than one ineh in size. (c) Apply MC-70 medium curing liquid asphalt at 0.5 gallons per square yard. (d) Apply No. 2 crushed stone and roll thoroughly to produce an additional one-inch layer. (e) Apply RC-800 rapid curing liquid asphalt at 0.75 gallons per square yard. (f) Apply No. 1 crushed stone and roll thoroughly to produce an additional one-ineh layer. (g) Apply RC-800 rapid euring liquid asphalt at 0.5 gallons per square yard. (h) Apply No. lA crushed stone at 16 pounds per square yard and roll thoroughly. (i) Blot any excess asphalt as necessary with No. 1A stone and reroll as necessary. (2) RC-250 rapid curing asphalt maybe substituted with prior approval for RC-800 during eooler weather. (3) Asphalt and crushed stone shall conform to New York State Department of Transportation standard specifieations. (4) Prior notiee is to be given before placing foundation course and before paving. The Village ofPhilmont reserves the right to inspect the work or have its representative do so at any time and complete aecess shall be given. § 127-15. Final acceptance. No rights-of-way or improvements will be acceptable by the Village of Philmont until a final FILED: COLUMBIA COUNTY CLERK 09/09/2022 03:00 PM INDEX NO. E012022018817 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/09/2022 inspection has been made by the Village Highway Superintendent or the Village Engineer after all improvements have been made and after it has been demonstrated that the drainage facilities installed are adequate under actual conditions. The Village of Philmont reserves the right to require additional improvements to correct drainage or other problems prior to acceptance. § 127-16. Applicability. This specification applies to rights-of-way and street improvements for minor roads. These specifications may be modified for roads considered major roads. § 127-17. Sewage and utilities. Sewer lines shall consist of a ten-inch SCH. 40 PVC pipe. Water lines shall consist of a six-inch SCH. 40 PVC pipe with fire hydrants every 200 feet. Electric and telephone lines shall be laid out by the appropriate utility. FILED: COLUMBIA COUNTY CLERK 09/09/2022 03:00 PM INDEX NO. E012022018817 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/09/2022 Chapter 130 SUBDIVISION OF LAND [HISTORY: Adopted by the Board of Trustees of the Village of Philmont hy L.L. No. 3-1990. Amendments noted where applicable.] GENERAL REFERENCES Building construction — See Ch.57. Sewers — See Ch. 118. Streets and sidewalks — See Ch. 127. Water —See Ch. 152. Zoning — See Ch. 160. ARTICLE I Title and Purpose §130-1. Title. This chapter shall be known as Local Law 3 of 1990 or the "Subdivision Law of the Village of Philmont, New York." § 130-2. Enacting clause. The Village Board of the Village of Philmont in the County of Columbia, pursuant to § 7-718 of the Village Law, Municipal Home Rule Law § 10, Subdivision l(ii)(e)(3), and Local Law No. 2-1990, hereby ordains, enacts and publishes this chapter. § 130-3. Purpose. The purpose of this chapter is to promote the general welfare of the people in accordance with the Village's Comprehensive Master Plan. Therefore, this chapter is designed to: A. Encourage the most appropriate use of Village land with regard to its natural beauty, so as to conserve and enhance the value of its property; B. Protect and conserve the aesthetic aspects, character, environment, social and economic stability ofthe Village; C. Provide adequate and suitably located commercial facilities; D. Regulate building densities in order to assure access of light and circulation of air, facilitate the prevention and fighting of fires, and prevent undue concentration of population; E. Assure privacy for residents and freedom from nuisance and things harmfial to the senses; F. Protect the community against unsightly, obtrusive and noisy land uses and operations; G. Lessen congestion on streets and highways and provide efficient municipal services; FILED: COLUMBIA COUNTY CLERK 09/09/2022 03:00 PM INDEX NO. E012022018817 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/09/2022 H. Improve traffic circulation; plan for adequate off-street parking and loading facilities; I. Provide adequately for water, sewerage, educational facilities, parks, conservation and recreation areas; J. Protect streams and ponds from pollution and avoid hazardous conditions and excessive damage from stormwater runoff and flooding; K. Protect the water table and encourage wise use and sound management of natural resources so that they may be preserved; L. Assure future preservation of open space and recreation lands as an integral part of future development; M. Provide a variety of housing types and environments in order to afford the maximum opportunity for people to find a housing and living style suitable to their needs and desires. ARTICLE II Procedure for Approval of Land Subdivision § 130-4. Required application procedures. The following subdivision regulations are hereby enacted pursuant to § 7-718 of the Village Law. Whenever any subdivision of land is proposed, and before any contract for the sale or lease of, or any offer to sell or lease any lots in such subdivision or any part thereof is made, before any property is transferred or deed is recorded, and before any permit for the erection of any structure in such proposed subdivision shall be granted, the subdivider or his duly authorized agent shall apply in writing for approval of such proposed subdivision in strict accordance with the following procedures. § 130-5. Sketch plat review and classification. A. Submission of sketch plat. The property owner, or his duly authorized representative, shall submit to the Clerk of the Planning Board at least 14 days prior to the regular meeting of the Planning Board a sketch plat application and three copies of a sketch plat of the proposed subdivision for purposes of classification and preliminary discussion. If the proposed subdivision is a major subdivision, the sketch plat shall conform to the requirements listed in §§ 130-8 and 130-9 of these regulations. B. Classification and designation. Classification of the sketch plat is to be made at the regular meeting by the Planning Board as to whether it is a minor or major subdivision as defined in these regulations. A notation regarding classification shall be made by the Planning Board directly on the sketch plat. The Planning Board may require, however, when it deems necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the sketch plat is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in § 130-7 of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in §§ 130-8 and 9. The Planning Board shall, based upon input provided by the applicant, also designate the name by which the subdivision shall be known. FILED: COLUMBIA COUNTY CLERK 09/09/2022 03:00 PM INDEX NO. E012022018817 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/09/2022 C. Study of sketch plat. (1) The Planning Board shall within 60 days of a complete submission determine whether the sketch .plat meets the objectives of these regulations and shall, where it deems necessary, make in writing specific recommendations to be incorporated by the applicant in the next submission to the Planning Board. In its review, the Planning Board may schedule a field visit to the site. To facilitate the inspection of the site, the subdivider shall have the comers of the property, proposed lot comers, and the center line of any proposed streets marked by temporary stakes. The subdivider may be requested to accompany the Planning Board during its site visit. (2) Sketch plat review requires the filing of an initial application and payment of a fee in accordance with the subdivision fee schedule established and annually reviewed by the Village Board upon recommendation of the Planning Board. Sketch plat endorsement does not allow filing of a plat with the County Clerk or authorize the sale or lease of, or any offer to sell or lease, any lots in such subdivision or any part thereof. § 130-6. Minor subdivision/major subdivision dichotomy. A. Subdivision defined. The division of any parcel of land into two or more lots, plots, sites, or other division of land for the purpose of lot line alteration, transfer of ownership, lease . or building development. For purpose of these regulations, a parcel shall be considered already subdivided if intersected, crossed or divided by one or more public streets, railroad or utility rights-of-way. B. Minor subdivision. Any subdivision containing less than 20.0 acres within the Village, and for which subdivision approval for any portion of the parcel has not been granted within 10 years from the date of application and which contains not more than four lots, each of at least the minimum lot area and dimension permitted by this chapter, each fronting on an existing street, and not involving any new street or road. C. Major subdivision. Any subdivision not classified as a minor subdivision. § 130-7. Approval of minor subdivision plat. A. Application and fee. Within six months of the classification by the Planning Board of the sketch plat of a proposed subdivision as a minor subdivision, the property owner, or his duly authorized representative, shall submit an application for approval of a minor subdivision plat. The plat shall conform to the layout shown on the sketch plat plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in § 130-20 of these regulations. Any application for plat approval for a minor subdivision shall be accompanied by the applicable fee in accordance with the subdivision fee schedule established and aimually reviewed by the Village Board upon recommendation of the Planning Board. A copy of said fee schedule shall be available from the Clerk of the Planning Board. B. Number of copies. The application for approval of a minor subdivision plat, complete with six copies of the subdivision plat and all further required data specified within § 130-20, FILED: COLUMBIA COUNTY CLERK 09/09/2022 03:00 PM INDEX NO. E012022018817 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/09/2022 shall be filed with the Clerk of the Planning Board at least 14 days prior to the regular meeting of the Planning Board at which time it shall be introduced and considered officially received by the Planning Board for purposes of these regulations. 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 minor subdivision plat. D. Approval procedure. (1) Within 62 days of the receipt of the complete subdivision plat application by the Planning Board, the Planning Board shall hold a public hearing on such plat.^ (2) Notice of the public hearing shall be advertised at least once in the official newspaper of the Village at least five days before such hearing. (3) Within 62 days from the date of such public hearing, the Planning Board shall act by resolution on the subdivision plat. The Planning Board shall either approve, conditionally approve with or without modification, or disapprove the plat. The Board shall specifically state in writing its reasons for any such disapproval. In the event that the required public hearing is not held, or if the Board fails to disapprove the subdivision plat within the 62 days prescribed above, the plat shall be deemed approved. The time in which the Planning Board must take action may only be extended by mutual consent of the owner and the Planning Board.2 (4) Upon a resolution of approval, a reproducible and eight copies of the subdivision plat shall be provided by the applicant and properly signed by the Chairman of the Planning Board. The subdivision plat may then be filed by the applicant in the office of the Columbia County Clerk. Any minor subdivision plat not so filed or recorded within 62 days of the date upon which such plat is approved, or considered approved by reason of the failure of the Planning Board to act, shall become null and void. If conditional approval is granted, the Planning Board shall empower the Chairman of the Planning Board to sign the plat upon compliance with such conditions and requirements as may be stated in its resolution of conditional approval. Within five days of the resolution granting conditional approval, the plat shall be so certified by the Clerk of the Planning Board as conditionally approved, a copy filed in the Planning Board office, and a copy so certified mailed to the subdivider. The copy mailed to the subdivider shall include a statement of such requirements which, when completed, will authorize the signing of the conditionally approved plat. Conditional approval of a plat shall expire 180 days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if in its opinion such extension is warranted, for a period not to exceed two additional periods of 90 days each.^ 1. Editor's Note: Amended at time of adoption of Code (see Ch. 1, Generai Provisions, Art. 1). 2. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). 3. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 1). FILED: COLUMBIA COUNTY CLERK 09/09/2022 03:00 PM INDEX NO. E012022018817 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/09/2022 § 130-8. Approval of preliminary plat for a major subdivision. A. Application and fees. (1) Prior to the filing of an application for the approval of a major subdivision plat, and within six months of the classification by the Planning Board of the sketch plat of a proposed subdivision as a major subdivision, the property owner, or his duly authorized representative, shall file an application for consideration with a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked "preliminary plat" and shall be in the form and include all the data prescribed by § 130-22 hereof. The preliminary plat shall, in all respects, comply with the requirements of Article 7 of the Village Law and these regulations, except where a waiver of any specific requirement may be specifically requested from, and authorized by, the Planning Board. (2) Payment of a fee shall accompany all applications for approval of a preliminary plat for a major subdivision. Said application fee shall be in accordance with the subdivision fee schedule established and annually reviewed by the Village Board upon recommendation of the Planning Board. A copy of said fee sehedule shall be available from the Clerk of the Planning Board. B. Purpose. (1) The preliminary plat and the supporting documents for a proposed subdivision eonstitute the material to be officially submitted to the Planning Board, and later one copy shall become the official record of the Village Clerk. The preliminary plat and supporting documents shall show the layout of the subdivision and its public improvements, so that the Planning Board can indicate its approval or disapproval of the subdivision prior to the time that the final plat, including the final engineering design and detailing of the public improvements and utilities, is eompleted. Approval of the preliminary plat does not eonstitute an approval of the final plat, nor should it be considered a valid basis for the construction of site improvements or other eommitments which depend upon its design characteristics. (2) The preliminary layout shall additionally serve as a key map to subdivisions subsequently laid out in sections or phases on final plats. C. Number of copies. The application for approval of the preliminary plat, complete with six copies of the preliminary plat, shall be filed with the Clerk of the Plarming Board at least 14 days prior to the regular meeting of the Planning Board at which time it shall be introduced and considered officially received by the Planning Board for purposes of these regulations. A proposed submission which does not include all the required drawings and documents specified within § 130-22 of these regulations shall not be accepted by the Clerk of the Planning Board. D. 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 plat. E. Study of preliminary plat. The Planning Board shall study the practieality of the FILED: COLUMBIA COUNTY CLERK 09/09/2022 03:00 PM INDEX NO. E012022018817 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/09/2022 preliminary plat 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 relationship to the topography of the land, water supply, sewage disposal, drainage, lot sizes and configuration, the future development of lands as yet unsubdivided, and the requirements of the Master Plan, Official Map, if one exists, and Chapter 160, Zoning. F. Approval procedure. (1) Within 62 days of receipt of the complete preliminary plat application by the Planning Board, the Planning Board shall hold a public hearing on such preliminary plat.4 (2) Notice of the public hearing shall be advertised at least once in a newspaper of general circulation in the Village at least five days before such hearing. (3) Within 62 days from the date of such public hearing, the Plamiing Board shall act by resolution on the preliminary plat. The Planning Board shall either approve with or without modifications, or disapprove the preliminary plat. The time in which the Planning Board must take action may only be extended by mutual consent of the owner and the Planning Board. Failure of the Planning Board to take action on a preliminary plat within the time prescribed therefore shall be deemed approval of the plat.5 (4) When approving a preliminary plat, the Planning Board shall state in writing the modifications, if any, it deems necessary for submission of the plat in final form with respeet to the specific changes which it will require in the preliminary plat, the extent of waivers which may have been specifically requested and which in the Plaiming Board's opinion may be authorized without jeopardy to the public health, safety, and general welfare, and the categories of improvement and the estimated amount of all bonds or similar performance guarantees which the Planning Board shall require as a requisite to the approval of the final plat. The action of the Planning Board plus any conditions attached thereto shall be noted on three copies of the preliminary plat. One copy shall be returned to the subdivider, one copy shall be retained by the Planning Board and one copy shall be forwarded to the Village Board, through the Village Clerk. Prior to the approval of the final plat, the Planning Board may require additional changes as a result of further study of the subdivision in final form or as a result of new information obtained at the public hearing. § 130-9. Approval of final plat for a major subdivision. A. Application and fee. (1) Following approval, with or without modifications, of the preliminary plat, the property owner, or his duly authorized representative, shall prepare a final plat, together with all other supplementary documents, in accordance with § 130-18 of 4. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). 5. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). FILED: COLUMBIA COUNTY CLERK 09/09/2022 03:00 PM INDEX NO. E012022018817 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/09/2022 these regulations. The application for final plat approval for a major subdivision, or any section thereof, shall be accompanied by a processing fee in accordance with the Village's subdivision fee schedule. (2) The final plat and other supplementary documents shall be filed with the Clerk of the Planning Board, together with a written application for final approval, within 180 days after approval, with or without modifications, of the preliminary plat, unless such time limit is extended by mutual consent of the applicant and the Planning Board. B. Purpose. The final plat and the supporting documents for a proposed subdivision constitute the complete development of the subdivision proposal. After public hearing, as required, and approval by the Planning Board, this complete submission along with the applicable performance guarantee and the general liability insurance policy, as approved by the Village Board, becomes the basis for the development of the subdivision, the installation of required improvements and the applicable inspection services by the Planning Board, the designated Village Engineer or other delegated Village officials. C. Number of copies. The application for approval of the final plat, complete with six copies of the final plat, shall be filed with the Clerk of the Planning Board at least 14 days prior to the regular meeting of the Planning Board at which time it shall be introduced and considered officially received by the Planning Board for purposes of these regulations. D. Approval procedure. (1) Within 62 days of the receipt of the final plat by the Planning Board, the Planning Board shall hold a public hearing, if required, on such final plat. Such hearing shall be advertised at least once in a newspaper of general circulation in the Village; provided, however, that when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § 130-8 of this chapter, and modified in strict accordance with requirements of such approval, if such preliminary plat has been approved with modifications, the Planning Board may waive by resolution the requirement for such public hearing.^ (2) Within 62 days from the date of such public hearing, or from the date of receipt of the application by the Clerk of the Planning Board if no such hearing is held, the Planning Board shall act by resolution on the final plat. The Planning Board shall either approve, conditionally approve with our without modification, or disapprove the final plat. The time in which the Planning Board must take action may only be extended by mutual consent of the owner and the Planning Board. Failure of the Planning Board to take action on a final plat within the time prescribed therefore shall be deemed approval of the plat.^ (3) If conditional approval is granted, the Planning Board shall empower the Chairman of the Planning Board to sign the plat upon compliance with such conditions and requirements as may be stated in its resolution of conditional approval. Within five 6. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). 7. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). FILED: COLUMBIA COUNTY CLERK 09/09/2022 03:00 PM INDEX NO. E012022018817 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/09/2022 days of the resolution granting conditional approval, the plat shall be so certified by the Clerk of the Planning Board as conditionally approved, a copy filed in the Planning Board office, and a certified copy mailed to the subdivider which shall include a statement of such requirements which, when completed, will authorize the signing of the conditionally approved plat. Conditional approval of a plat shall expire,