Article V. Final Plat
§ 248-12. General provisions.

A. The final plat and supporting drawings and documents for a proposed subdivision constitute the complete development of the subdivision proposal and include the recommendations resulting from the Planning Board review of the preliminary layout as well as the detailed layout drawings for the public improvements and utilities. After public hearing and approval by the Planning Board, this complete submission, along with the performance bond and the provision of the liability insurance policy, as approved by the Town Board, becomes the basis for the construction of the subdivision and the inspection service by the Town Engineer and Planning Board. The plat itself must be recorded at the County Clerk's office to have legal status. An unrecorded plat is not a valid basis for site improvements or other commitments which depend on its design characteristics.

B. The plat itself shall be an accurate survey record of the properties resulting from the subdivision.

§ 248-13. Procedure; bond.

A. The submission of a final plat (before the Planning Board review) shall consist of the following items:

(1) A letter of application for final plat approval, Form F-603, one copy. [Amended 12-20-1966]

(2)An acknowledgment of requirements: final plat, Form 604, one copy. [Amended 12-20-1966]

(3) The final plat, 13 paper prints. [Amended 6-10-1975]

(4) The public improvement and utilities plan and profile drawings, nine paper prints. [Amended 6-10-1975]

(5) Letters directed to the Chairman of the Planning Board and signed by a responsible official of the lighting agency, water company or any utility company or governmental authority or district which provides necessary utility service and has jurisdiction in the area, approving each proposed utility installation design, and a statement as to who will construct the facility so that service will be available when required in conformity with the provision of the filed rate schedule.

(6) A letter directed to the Chairman of the Planning Board, signed by a responsible official of the school district in which the subdivision is to be located, acknowledging the number of residential lots and indicating the availability of school facilities for the new pupils and any needed new school sites and facilities which relate to the subdivision area.

(7) Letters, in appropriate cases, directed to the Chairman of the Planning Board, signed by a responsible official of the State Department of Public Works or the Suffolk County Superintendent of Highways, approving proposed construction on state or county rights-of-way and indicating that the necessary permits have been issued by their office.

(8) A certification of compliance stating that the subdivider will not do any general regrading or excavation, as defined in the General Regrading and Excavation Ordinance, without obtaining a permit, Form F-605, one copy.[Amended 12-20-1966]

(9) At the time of the dedication of streets, recharge basins, drainage easements, screen planting easements and parks, the subdivider shall submit, in triplicate, to the Town Attorney a certification to the Town of Smithtown, by an attorney and counselor-at-law of the State of New York, a title company duly incorporated and authorized to transact business in the State of New York or a competent searcher of titles, to the effect that the individual, partnership or corporation offering the dedication of said streets, recharge basins, easements and all other dedications required by the Planning Board is vested with an unencumbered fee simple title to the land concerning which the dedications are made.

(10) An irrevocable offer of dedication, etc., Form G-702, three copies for all property and other public improvements, including streets, drainage easements, drainage basins, public parks and screen planting easements. [Amended 11-21-1972]

(11) The filing fee shall be $400, plus $100 for each lot shown on the final map, for each residential final plat or section of a final plat and $400 per acre for each industrial final plat or section of a final plat. A new fee shall be required for each approval. If a subdivision plat currently before the Town Planning Board must be readvertised for an additional inclusion, a fee of $150 shall be paid for readvertising. [Amended 11-18-1969; 11-21-1972; 11-24-1981; 8-23-1983; 9-10-1985; 1-10-1989; 7-9-1991; 2-22-1999]

(12) A stormwater pollution prevention plan (SWPPP) consistent with Chapter 153 of the Code of the Town of Smithtown and with the terms of the preliminary layout approval shall be submitted as part of the final plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 153. [Added 5-17-2012]

B. The subdivider or his agent shall submit the final plat and supporting drawings and documents at the Planning Board office at least is days prior to the meeting date on which the plat is to be acted upon.

C. The Planning Board staff shall prepare a report of findings for Planning Board consideration and action, which shall include the recommendations of the Superintendent of Highways and the Town Engineer.

D. The Town Engineer shall prepare a performance bond estimate, on a form developed by the Town Engineer, 10 copies, to be submitted along with his recommendations on the final plat, with the exception of street signs and streetlighting traffic signals and such other traffic control appurtenances which shall be prepared by the Traffic Engineer of the Traffic Safety Department of the Town of Smithtown. The amount of the performance bond will be based on the Town Engineer's estimate of quantities required for the construction of the proposed improvements, including but not limited to roads, clearing and drainage, and the estimated construction cost for said improvements. [Amended 6-25-1974; 6-10-1975; 12-9-1975; 3-9-1976; 11-24-1981; 4-2-1985; 3-13-2007]

E. The Planning Board will advertise a public hearing at least five days prior to the hearing date.

F. After the public hearing, the Planning Board will take formal action. If the plat is approved, the subdivider shall carry out the following steps prior to obtaining the Chairman's signature of approval:

(1) Make all required corrections to the satisfaction of the Planning Board.

(2) Obtain a performance bond in the amount of the bond estimate and a general liability insurance policy and submit them to the Town Attorney for approval by the Town Board and submit a cash deposit certified check to the Planning Department. See Article VI, Performance Bond and Cash Deposit, and Article VII, General Liability Insurance. [Amended 7-12-1966; 12-22-1981; 1-25-1983]

(3) Prepare prints of the corrected final plat drawing as follows: [Amended 8-14-1973; 6-10-1975; 11-24-1981]

(a) One opaque cloth lithoprint.

(b) Two reproducible Mylar prints.

(c) The original final plat.

(4) Pay the required inspection fee at the Planning Board office and such payment as required in lieu of parkland. (See § 248-24E.)

G. If authorized by the Planning Board, the Chairman will sign the original final plat, the two reproducible Mylar prints and the one opaque cloth lithoprint upon notification that the required bond and insurance has Town Board approval and that all required fees have been paid. [Amended 8-14-1973; 11-24-1981]

H. The subdivider shall file the original, the two reproducible Mylar and the opaque cloth of the finalplat in the Suffolk County Clerk's office. After the plat is filed, the subdivider will have prepared, from a Mylar transparency of the stamped filed plat, 18 paper prints which will be submitted to the Planning Department before building permits are issued. [Amended 8-14-1973; 6-10-1975; 11-24-1981]

I. Planning Board approval of a final plat shall not be deemed an acceptance by the Town of any street or other land shown as offered for dedication to public use.

J. Prior to the signature of the Planning Department Chairman and the approval of the performance bond and general liability insurance policy by the Town Board, the developer will submit to the Planning Department all deeds of dedication and any drainage easements, screen planting easements or other related documents. All such instruments will be held in escrow until the time of dedication and/or the acceptance by the Town of the public improvements. [Added 3-9-1976; amended 12-22-1981; 1-25-1983]

§ 248-14. Expiration of approval; extension fee.

A. Planning Board approval of a final plat shall expire 180 days after the date of the Planning Board's resolution authorizing the Chairman to sign the final plat. [Amended 11-24-1981]

B. Upon application by the subdivider, the Planning Board may make a reasonable extension of the approval; provided, however, that the plat be revised according to any change in regulations or ordinances applicable to the plat subsequent to the first resolution. If a request for an extension of final approval is submitted before the approval expires, a fee of $150 shall be submitted. [Amended 9-10-1985; 1-10-1989; 7-9-1991]

C. Expiration of an approval shall mean that any further action will require a new filing fee as well as a review of all previous findings.

§ 248-15. Final plat requirements.

A. The final plat shall be prepared by a licensed professional engineer or land surveyor and shall provide the information noted in this section.

B. Drawing.

(1) The drawing sheet size shall be either:

(a) Eighteen inches by 20 inches; or

(b) Thirty-six inches by 20 inches.



(2) If more than one sheet is required, a clearly drawn outline shall be shown on both sheets and on the key map.

C. The title block shall be the same as that required for the preliminary layout [see § 24 8-11C(1) through (7)]

D. Other notations shall be the same as those required for the preliminary layout, except that:

(1) The certification that the topography shown resulted from an actual fi eld survey shall be omitted [see § 248-11D(1), (2), (3) and (5)].

(2) When applicable, all streets shown on this subdivision are subject to future extension and interconnection with other streets in adjoining properties, at the discretion of the Town of Smithtown Planning Board. This provides for a temporary turnaround easement for highway purposes. Such easement shall remain in full force and effect as long as the Town deems it necessary for the proper ingress, egress and maintenance of the adjoining street(s). [Added 6-5-1968; amended 6-10-1975]

E. The key map of the entire subdivision shall be the same as that required on the preliminary layout (see § 248-11E), with the following additions:

(1) The final plat area being submitted for approval shall be shaded if it is only one section of the entire subdivision.

F. Boundary lines. The following boundary lines shall be shown:

(1) Building zone districts.

(2) Special districts.

(3) Municipal areas.

(4) School district.

G. General information required. The following information shall be included:

(1) For street rights-of-way and the widening of street rights-of-way:

(a) The name.

(b) The location.

(c) The width.

(d) A notation on widenings where an offer of dedication is being made.

(2) Other rights-of-way and easements:

(a) An identification and description.

(b) The location.

(c) The width and other dimensions necessary for the description.

(3) For lot layout:

(a) A number identification by a suitable system of consecutive numbers; numbers shall be circled.

(b) The lot lines, with accurate dimensions to the nearest hundredth of a foot.

(c) The building setback lines, with dimensions.

(d) The lot area, to be shown in square feet, and the lot widths at the building setback line to be shown. [Added 3-7-1967]

(4) Special parcels.

(a) Special parcels shall show the following:

[1] A description of the proposed action and use, including a note where an offer of dedication is being made.

[2] The boundary lines, with accurate dimensions to the nearest hundredth of a foot.

(b) All other parcels, including recharge basins, shall have the area shown in square feet. [Added 3-7-1967]

H. For the water supply system:

(1) The water main location and pipe size.

(2) The location of all shutoff valves.

(3) The location of all fire hydrants.

(4) The location of well sites, if any, on the subdivision or within 200 feet of its boundaries.

I. For the sanitary waste disposal system:

(1) A typical lot layout, indicating the location of the system with reference to the house and the water supply.

(2) A detail drawing of the proposed sanitary waste disposal unit.

J. For survey data:

(1) An accurate traverse of the subdivision boundary, with true angles and distances.

(2) A survey tie-in, with true angles and distances to the three nearest established street monuments or official monuments.

(3) Municipal, Town, county and special district boundaries, referenced to the subdivision survey by true angles and distances.

(4) Radii, internal angles, points of curvature, tangent bearings and lengths of all arcs.

(5) Accurate dimensions, to the nearest hundredth of a foot.

(6) Monuments.

(a) The accurate locations of all monuments shall be shown

(b) Existing monuments shall be shown with this symbol:*

(c) Proposed new monuments or monuments to be reset shall be shown with this symbol:.

(d) One monument shall be located at each corner and at each general change in direction of the boundary.

(e) Two monuments shall be located at each street intersection.

(f) Monuments shall be located at the beginning and end of each curve along one side of the street right-of-way.

§ 248-16. Public improvement plan and profiles.

[Amended 2-23-1971; 11-21-1972]

A. This plan and profile are declared to be an integral part of the final plat submission.

B. The performance bond and the inspection service shall be based on this drawing, the final plat itself, this subdivision regulation and the Town specifications for such public improvements.

C. Unless a specific waiver is requested, in writing, the proposed public improvements and utilities shall be considered to comply specifically with this subdivision regulation and the Town specifications.

D. Basic plan requirements.

(1) The sheet size shall be:

(a) Eighteen inches by twenty inches;

(b) Thirty-six inches by twenty inches; or

(c) Thirty-six inches by forty inches.

(2) The area covered, the scale and the title block shall be the same as the preliminary layout (see § 248-11).

(3) The plan shall show the outline of all rights-of-way, easements and similar conditions.

(4) Street center-line gradients, in percent, indicated with arrows to establish the direction of flow shall be shown.

(5) Critical street center-line grade elevations shall be shown.

E. Drainage system requirements (see Article XIV). The following information shall be provided:

(1) The complete drainage system for the entire subdivision, with appropriate development stages for each of the final plat sections, shall be shown graphically, with all existing drainage features which are to be incorporated properly identified as "existing."

(2) The boundaries of stormwater runoff watersheds for each drainage structure and their area in acres.

(3) All proposed surface drainage structures (e.g., valley gutters).

(4) The identification of structures by Town specification-type numbers.

(5) All appropriate details and dimensions necessary to clearly explain the proposed construction, including the type of construction, material, size, pitch and invert elevations, among other things, in accordance with good engineering practice.

(6) The location of all test pits and a description of soil conditions and the water table.

(7) Notations and calculations for stormwater recharge basins shall include bottom and high-water elevations, the cubic feet of water capacity, the cubic feet of excavation (net) and elevations along the top of the berm.



(8) All significant physical and vegetative features of the land within 200 feet of the subject site shall be shown on the grading plan. [Added 12-9-1975]

F. Utility systems requirements. The following information shall be provided:

(1) For water supply and distribution:

(a) The location of water mains and the size of such mains.

(b) The location of fire hydrants.

(2) For sanitary waste disposal system; sewers:

(a) The location of all piping (horizontal and vertical).

(b) The size of all pipes with invert elevations.

(c) The location of all control valves.

(d) The location of treatment plants.

(3) For street signs: [Added 6-10-1975; amended 11-24-1981]

(a) The location and type of all street name signs.

(4) For streetlighting: [Added 6-10-1975]

(a) The location of all electrical conduits and other appurtenances.

(b) The location of all light standards.

(5) For traffic signals: [Added 11-24-1981]

(a) The location and type of all traffic signals and related equipment.

(b) The location of all electrical conduits and other appurtenances.

(6) For pavement markings: [Added 11-24-1981]

(a) The location and type of pavement markings.

G. Profile drawing requirements.

(1) Drawings shall be made on standard profile paper with the following scales:



(a) Horizontal scale: one inch equals 40 feet.

(b) Vertical scale: one inch equals four feet.

(2) All profiles shall show the existing natural grades, the typical cross section of existing or proposed roads, the center lines of intersecting roads and a system of survey stations.

(3) The center-line profiles of all proposed roads with dimensioning on vertical curves and notations as to gradient and critical elevations shall be shown.

(4) The invert profile and location of all drainage structures in street rights-of-way and in drainage easements shall be shown.