§ 85-86. Town Board determination.

A. 

Whenever the Town Board, as a condition for the granting of an application, requires a restrictive covenant to be imposed upon the subject property, the following shall be filed with the Town Clerk:

(1) 

A signed and notarized declaration of covenants.

(2) 

A certified survey prepared by a registered land surveyor showing by courses and distances the subject property which is the subject of the restrictive covenant. Said survey shall be dated within six months of the date of submission and must be filed not later than six months after the date the Town Board grants the application.

(3) 

A metes and bounds description of the boundaries of the property affected by the restrictive covenants and the district, section, block and lot numbers for the property.

(4) 

Deed and a title report prepared by a title company licensed to do business in the State of New York covering the subject premises and all contiguous property.

(5) 

The restrictive covenant, the updated survey, a deed and title report must be filed in the office of the Town Clerk not later than one year from the date the applicant was notified of the approval by the Town Clerk.

(a) 

The Town Board may grant extensions of time for filing a restrictive covenant, upon written request from the applicant/owner. Said request must state the reasons for the extension and the length of the extension that the applicant requires.

(b) 

The Town Board has the discretion to limit the length of any extension requested by the applicant.

(c) 

If the applicant fails to file in the office of the Town Clerk the restrictive covenants, updated survey or the deed and title report, within the one-year period or any extension thereof, the approval shall be null and void and of no further force or effect.

(d) 

If the applicant fails to seek and receive an extension of time to file in the office the Town Clerk, within one year or any extension thereof, the approval shall be null and void and of no further force and effect.

(6) 

The Town Clerk shall publish a notice of adoption of the application following the filing of the declaration of covenants and metes and bounds description and title report with the Suffolk County Clerk. The Town Clerk shall set the date for the application to become effective, thereby causing the application to be in full force and effect.

B. 

Whenever the Town Board grants an application which does not require restrictive covenants to be imposed upon the subject property, the Town Clerk shall publish a notice of adoption of the application and shall set the date for the application to become effective, thereby causing the application to be in full force and effect.

C. 

Withdrawal/Denial.

(1) 

An application shall be deemed withdrawn in the following circumstances:

(a) 

By the applicant upon the filing of a written request to withdraw at any time prior to the time the Town Board takes action on such petition.

(b) 

Upon the applicant failing to comply with a written request for additional information by the Town Board or the Department of Planning, Environmental Protection, and Land Management, or Town Clerk within six months of the date of such request.

(c) 

Upon the applicant failing to supply the Town Clerk and/or the Department of Planning, Environmental Protection, and Land Management with the documentation as required in Subsection A within one year of the date of approval if covenants are imposed or required by the Town Board as a condition precedent to the granting of an application.

(d) 

The Town Board may grant extensions of time for filing a restrictive covenant, upon written request from the applicant/owner to the Town Clerk. The Town Board may grant a maximum of two extensions, not to exceed six months each. Said request must sufficiently demonstrate that:

[1] 

The applicant is diligently pursuing all other required governmental permits or other approvals; and

[2] 

The extension request is received by the Town Clerk prior to the expiration of the approval.

(2) 

An application shall be deemed denied by resolution at or subsequent to a public meeting.

Amended 8-12-2014 by L.L. No. 18-2014, effective 8-26-2014