A.
The subdivider shall, within six months after the
approval of the preliminary plat, file with the Planning Board an
application for approval of the subdivision plat in final form on
forms provided by the Planning Board. All applications for plat approval
for major subdivisions shall be accompanied by the appropriate fee.
B.
At least 14 days before making application for final
approval, the subdivider shall submit to the Engineer for review by
him the final subdivision plat in quadruplicate, in form required
by this Part 2, two copies on cloth and four paper prints, together
with three paper prints of construction plans, if required, and payment
to the Village of the appropriate fee.
The time of submission of the final plat shall
be considered to be the date of the regular monthly meeting of the
Planning Board at which time the Planning Board considers the final
plat in final form, which final plat in final form shall have been
submitted to the Village Engineer 14 days prior to the regular monthly
meeting at which it is received by the Planning Board, complete and
accompanied by the required fee, and all data required by this Part
2 have been filed with the Village Engineer.
The final plat shall not be in final form unless
accompanied by the following:
A.
An offer of dedication, in duplicate, executed and
acknowledged by the owner of the subdivision, in form for filing in
the Orange County Clerk's office and the Village Clerk's office, together
with two unexecuted copies, which shall include all parkland, sewer
systems, water systems, roads, drainage easements and other interests
in real property to be dedicated to the Village, which shall be described
by metes and bounds or by reference to subdivision plat intended to
be filed simultaneously therewith, which plat contains metes and bounds
descriptions thereof.
B.
A title report from a title company approved by attorneys
for the Village showing all real property and interests therein to
be dedicated to the Village and all mortgages, liens or encumbrances
thereon.
C.
Releases of all such mortgages, liens and encumbrances,
executed and acknowledged, in form for recording in the Orange County
Clerk's office, or instruments similarly executed and acknowledged
subordinating all such mortgages, liens and encumbrances to the rights
to be acquired by the Village of Woodbury by such dedication, together
with evidence of payment by the subdivider of the fee of the title
company for a title policy insuring the title to the Village to such
real property, free and clear of all liens and encumbrances. The foregoing
documents shall be accompanied by two unexecuted copies for review
by the Village building and legal departments.
D.
An agreement executed in duplicate by the subdivider,
in form for filing in the Orange County Clerk's office, together with
two unexecuted copies thereof, for the operation and maintenance by
the Village of any sewer plant, pumping station or other utility to
be dedicated to the Village and maintained by the Village, in form
approved by the New York State Health Department in the case of sewage
and water facilities and approved by the Engineer and Attorney for
the Village as to all such facilities.
E.
Deeds in recordable form to be held in escrow.
A.
Water and sewer facility proposals contained in the
subdivision plat shall be properly endorsed and approved by the Orange
County Department of Health. Applications for approval of plans for
sewer or water facilities will be filed by the subdivider with all
necessary municipal, county and state agencies. Endorsement and approval
by the Orange County Department of Health shall be secured by the
subdivider before official submission of the subdivision plat. Certified
copies of permits, signed by a responsible official the New York State
Department of Transportation or the Orange County Commissioner of
Public Works, approving proposed construction and/or discharge on
state or county rights-of-way shall be submitted.
B.
The subdivider shall, before applying for final approval,
complete any necessary proceedings to create or extend water areas,
sewer areas or other improvement areas required to serve the subdivision.
When all of the foregoing have been submitted
and approved by the Engineer and Attorney for the Village, a hearing
shall be held by the Planning Board on notice to the public as required
by law; provided, however, that when the Planning Board deems the
final plat to be in substantial agreement with the approved preliminary
plat and modified in accordance with requirements of such approval,
if such preliminary plat has been approved with modification, the
Planning Board may waive the requirement for such a public hearing.
The Planning Board shall by resolution conditionally
approve, with or without modification, disapprove or grant final approval
and authorize the signing of such plat within 45 days of the official
submittal date if no such hearing is held or, in the event such hearing
is held, within 45 days after the date of such hearing. Notwithstanding
the foregoing provisions relating to the time in which a final plat
may be submitted, the time in which the Planning Board must take action
on such final plat may be extended by mutual consent by the owner
and the Planning Board. However, if the Planning Board fails to take
action on a final plat within the time prescribed, the final plat
shall be deemed approved and a certificate of the Clerk of the Village,
as to the date of submission and the failure to take action within
such prescribed time, shall be sufficient, in lieu of written endorsement
or other evidence of approval herein required.
A.
The Planning Board shall, within 45 days from the
date of the public hearing on the subdivision plat, if one is held,
or within 45 days after the official date of submission by the developer
to the Planning Board, if no hearing is to be held, approve, disapprove
or conditionally approve, with or without modifications, the final
subdivision plat and, if disapproved, shall specify in writing its
reasons for any such disapproval. Provision may be made for extension
of this time by mutual consent of the subdivider and the Planning
Board. In the event that the required hearing is not held or if the
Planning Board fails to disapprove the plat within the 45 days prescribed
above, the plat shall be deemed approved as submitted.
B.
Conditional approval.
(1)
When the Planning Board conditionally approves a final
plat, the final plat shall be signed subject to the completion of
such requirements as may be stated in the resolution. Within five
days of such resolution, the final plat shall be certified by the
Planning Board as conditionally approved and a copy filed in the Engineer's
office and a certified copy mailed to the owner. When all of the requirements
are completed, the final plat shall be signed by a duly authorized
officer of the Planning Board. Conditional approval of a final plat
shall expire within 180 days after the date of the Planning Board's
resolution granting conditional approval unless such requirements
have been certified as completed.
(2)
Notwithstanding the foregoing provisions, the Planning
Board may extend a time in which a conditionally approved plat in
final form must be submitted for signature if, in its opinion, such
intention is warranted by the particular circumstances thereof, but
not to exceed two additional periods of 90 days each.
C.
Final approval. After the Board grants final approval
and before any on-site work or building permits are issued, the subdivider
shall submit to the Attorney for the Village, for filing and recording,
the following documents in a form previously approved by him:
(3)
Agreement for the operation and maintenance by the Village of sewer systems, water systems and other utilities as above provided for in § 272-38D.
(4)
Deeds in escrow.
(5)
Inspection of developments; establishment of escrow
accounts: payment by certified check or cashiers check to the order
of the Village in an amount to be determined by the Village Engineer
to help defray costs of observing the work to provide better assurances
to the Village that it is in accordance with the approved plans for
the construction of roads, water systems, including water treatment
plants, sewer systems, including sewer treatment plants, and other
utilities in the subdivision. When the Village Engineer has made a
final calculation of the amount to be deposited with the Village,
such amount shall be deposited by the developer in an escrow account
to be maintained by the Village and applied to such inspection expenses.
If, when the project is completed, there is money remaining in the
escrow account, such sums shall be returned to the developer, including
any accrued interest. However, in the event that the escrow account
is reduced to below $10,000, then same shall be increased by a factor
to be determined by the Village Engineer to cover remaining inspection
costs.
(6)
Payment by cashier's check or certified check drawn
to the order of the Village in the sum of $3,500 per lot for each
lot in the subdivision, in lieu of providing parkland within the subdivision,
if the Board approves the acceptance of such payment in lieu of parkland,
unless payment shall be deferred to a later date by agreement between
the subdivider and the Village Board. Such payment shall not be required,
however, as to subdivisions comprising less than five lots, plots,
sites or other subdivisions of land.
The following notation shall be placed prominently
on every page of the final plat: "Before any building permits are
issued, the subdivider shall complete the construction of all water
systems, sewer systems, other utilities, roads and curbing, except
the final surfacing of roads and sidewalks. No bonds or security will
be accepted by the Village Board to ensure the completion of the foregoing."
