Village of Perry, NY Article III Procedures

§ 475-7 Approval required.

Whenever any subdivision of land is proposed to be made and before any contract for the sale of or any offer to sell any lots in such subdivision or any part thereof is made, and before any permit for the erection of a 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 accordance with the following procedures.

§ 475-8 Sketch plan.

A. Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Building Department at least 10 days prior to the regular meeting of the Planning Board two copies of a sketch plan of the proposed subdivision which shall comply with the requirements of Article V, § 475-24 for purposes of classification and preliminary discussion.

B. Discussion of requirements and classification.

(1) The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the requirements of these regulations for street improvements, drainage, sewerage, water supply, fire protection, and similar aspects, as well as the availability of existing services and other pertinent information.

(2) Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor or major subdivision as defined in these regulations. The Board may require, however, when it deems necessary for protection of the public health, safety and welfare, that a minor subdivision comply with some or all of the requirements specified for major subdivisions. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in Article III, §§ 475-9 and 475-13 of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ 475-10, 475-11, 475-12, 175-13 and 475-14.

C. Study of sketch plan. The Planning Board shall determine whether the sketch plan meets the purposes of these regulations and shall, where it deems it necessary, make specific recommendation in writing to be incorporated by the applicant in the next submission to the Planning Board.

§ 475-9 Minor subdivisions.

A. Application and fee. Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application to the Planning Board for approval of a final subdivision plat. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in Article V, § 475-25. All applications for plat approval for minor subdivisions shall be accompanied by a fee in the amount as established by the Municipal Board.

B. Number of copies. Four copies of the final subdivision plat shall be presented to the Planning Board at the time of submission.

C. Submission of environmental assessment form. The subdivider shall submit, along with the subdivision plat, an environmental assessment form, duly prepared, as prescribed in the regulations under the State Environmental Quality Review Act, 6 NYCRR 617, as amended. A determination of the environmental significance of this action shall be made prior to the public hearing. Subsequent procedures under SEQR will coincide as closely as possible with the procedures under these regulations.

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 final subdivision plat.

E. Submission schedule. The starting time for submission of the final subdivision plat shall be considered to be the date on which the application for plat approval, complete and accompanied by the required fee and all data required by Article V, § 475-25 of these regulations, has been filed with the Planning Board.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

F. Action on final subdivision plat.

(1) The Planning Board shall conduct a public hearing and render its decision in accordance with the procedures and requirements of Subdivision 6 of § 7-728 of the Village Law.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) Upon granting conditional approval, with or without modification, to the plat, the Planning Board shall empower a duly authorized officer 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 certified by the Planning Board Chairman as conditionally approved, a copy filed in his office, and a copy 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. Upon completion of such requirements, the plat shall be signed by the duly authorized officer of the Planning Board. 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 in the circumstances, for not to exceed two additional periods of 90 days each.

§ 475-10 Preliminary plat for major subdivision.

A. Application and fee.

(1) Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the approval of a preliminary plat of the proposed subdivision with the Planning Board.

(2) Such preliminary plat shall be clearly marked "preliminary plat" and shall be in the form described in Article V, § 475-26 hereof. The preliminary plat shall, in all respects, comply with the requirements set forth in Article V, § 475-26 of these regulations, except where a waiver may be specifically authorized by the Planning Board.

(3) The application for approval of the preliminary plat shall be accompanied by a fee in the amount as established by the Municipal Board and also by an environmental assessment form as described under § 475-9C above.

B. Number of copies. Five copies of the preliminary plat shall be presented to the Planning Board at the time of submission.

C. Subdivider to attend Planning Board meeting. The subdivider, or his duly authorized representative, shall attend the next regularly scheduled meeting of the Planning Board to discuss the preliminary plat.

D. Study of preliminary plat. The Planning Board shall study the practicability of the 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 relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided, and the requirements of the Master Plan, the Official Map, and zoning regulations.

E. Submission schedule. The starting time for submission of the preliminary plat shall be considered to be the date on which the application for plat approval, complete and accompanied by the required fee and all data required by Article V, § 475-26 of these regulations, has been filed with the Planning Board.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

F. Approval of the preliminary plat.

(1) The Planning Board shall conduct a public hearing and render its decision in accordance with the procedures and requirements of Subdivision 5 of § 7-728 of the Village Law.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) When granting approval to a preliminary plat, the Planning Board shall state the terms of such approval, if any, with respect to the modifications to the preliminary plat, the character and extent of the required improvements for which waivers may have been requested and which in its opinion may be waived without jeopardy to the public health, safety, morals and general welfare, and the amount of improvement or the amount of all bonds therefor which it will require as prerequisite to the approval of the final subdivision plat. Approval of a preliminary plat shall not constitute approval of the final subdivision plat, but rather it shall be deemed an expression of approval of the design submitted on the preliminary plat. The final subdivision plat will be submitted for the approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations. Prior to approval of the final subdivision 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.

§ 475-11 Final plat for major subdivision.

A. Application for approval and fee. The subdivider shall, within six months after the approval of the preliminary plat, file an application for approval of the subdivision plat in final form with the Planning Board. All applications for final plat approval for major subdivisions shall be accompanied by a fee in the amount as established by the Municipal Board. If not submitted within six months after the approval of the preliminary plat, the Planning Board may refuse to approve the final plat and require resubmission of the preliminary plat.

B. Number of copies. The subdivider shall provide the Planning Board with a copy of the application and three copies (one copy in ink on linen or an acceptable equal) of the plat, the original and one true copy of all offers of cession, covenants, and agreements and two prints of all construction drawings.

C. Submission schedule. The starting time for submission of the final subdivision plat shall be considered to be the date on which the application for plat approval, complete and accompanied by the required fee and all data required by Article V, § 475-27 of these regulations, has been filed with the Planning Board.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

D. Endorsement of state and county agencies.

(1) Water and sewer facility proposals contained in the final subdivision plat shall be properly endorsed and approved by the Wyoming 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 Wyoming County Department of Health shall be secured by the subdivider before official submission of final subdivision plat.

(2) The final subdivision plat shall also be referred to the County Planning Agency, when required, as provided for under General Municipal Law § 239-n.

E. Approval of final subdivision plat.

(1) The Planning Board shall conduct a public hearing and render its decision in accordance with the procedures and requirements of Subdivision 6 of § 7-728 of the Village Law.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) Upon resolution of conditional approval of such final plat, the Planning Board shall empower a duly authorized officer to sign the plat upon completion of such requirements as may be stated in the resolution. Within five days of such resolution the plat shall be certified by the Planning Board Chairman as conditionally approved and a copy filed in his office and a certified copy mailed to the subdivider. The copy mailed to the subdivider shall include a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved final plat. Upon completion of such requirements the plat shall be signed by said duly authorized officer of the Planning Board.

(3) Conditional approval of a final 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 in the circumstances, for not to exceed two additional periods of 90 days each.

§ 475-12 Required improvements.

A. Improvements and performance bond. Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1) or (2) below.

(1) In an amount set by the Municipal Board, the subdivider shall either file with the Municipal Clerk a certified check to cover the full cost of the required improvements or the subdivider shall file with the Municipal Clerk a performance bond to cover the full cost of the required improvements. Any such bond shall be satisfactory to the Municipal Board and the Municipal Attorney as to form, sufficiency, manner of execution and surety. A period of one year (or such other period as the Municipal Board may determine appropriate, not to exceed three years) shall be set forth in the bond within which required improvements must be completed.

(2) The subdivider shall complete all required improvements to the satisfaction of the Municipal Engineer, who shall file with the Planning Board a letter signifying the satisfactory completion of all improvements required by the Board. For any required improvements not so completed the subdivider shall file with the Municipal Clerk a bond or certified check covering the cost of such improvement not approved by the Municipal Engineer. Any such bond shall be satisfactory to the Municipal Board and Municipal Attorney as to form, sufficiency, manner of execution, and surety.

(3) The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Municipal Engineer and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(2), then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection A(2), such bond shall not be released until such a map is submitted.

B. Modification of design of improvements. If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the Municipal Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Municipal Engineer may, upon approval by a previously delegated member of the Planning Board, authorize modifications, provided that these modifications are within the spirit and intent of the Planning Board's approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the Board. The Municipal Engineer shall issue any authorization under this subsection in writing and shall transmit a copy of such authorization to the Planning Board at its next regular meeting.

C. Inspection of improvements. At least seven days prior to commencing construction of required improvements, the subdivider shall file a public improvement permit with the Municipal Clerk to assure that all specifications and requirements are met during the construction of required improvements. The fee shall be based on a percentage of the cost of improvements and shall be subject to approval by the Municipal Engineer.

D. Proper installation of improvements. If the Municipal Engineer shall find, upon inspection of the improvements performed before the expiration date of the performance bond, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, he shall so report to the Municipal Board, the Building Inspector and the Planning Board. The Municipal Board shall then notify the subdivider and, if necessary, the bonding company and take all necessary steps to preserve the municipality's rights under the bond. No plat shall be approved by the Planning Board as long as the subdivider is in default on a previously approved plat.

E. Maintenance bond. The subdivider, on completion and acceptance of required improvements, shall furnish the municipality with a maintenance bond, in the amount of 25% of the cost of such improvements, guaranteeing the maintenance of such improvements against deterioration traceable to inadequate installation of materials during the first two years following acceptance.

§ 475-13 Filing of approved final subdivision plat.

A. Final approval and filing. Upon completion of the requirements in §§ 475-11 and 475-12 above and notation to that effect upon the final subdivision plat, it shall be deemed to have final approval and shall be properly signed by the duly designated officer of the Planning Board and may be filed by the applicant in the office of the County Clerk. Any final 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.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Plat void if revised after approval. No changes, erasures, modifications, or revisions shall be made in any final subdivision plat after approval has been given by the Planning Board and endorsed in writing on the plat, unless said plat is first resubmitted to the Planning Board and such Board approves any modifications. In the event that any such final subdivision plat is recorded without complying with this requirement, the same shall be considered null and void, and the Board shall institute proceedings to have the plat stricken from the records of the County Clerk.

§ 475-14 Public streets and recreation areas.

A. Public acceptance of streets. The approval by the Planning Board of a final subdivision plat shall not be deemed to constitute or be evidence of any acceptance by the municipality of any street, easement, or other open space shown on such final subdivision plat.

B. Ownership and maintenance of recreation areas. When a park, playground, or other recreation area shall have been shown on a final subdivision plat, the approval of said plat shall not constitute an acceptance by the municipality of such area. The Planning Board shall require the plat to be endorsed with appropriate notes to this effect. The Municipal Board may also require the filing of a written agreement between the applicant and the Municipal Board covering future deed and title, dedication, and provision for the cost of grading, development, equipment, and maintenance of any such recreation area.

§ 475-15 Cluster developments. [1]

In accordance with Village Law § 7-738, certain zoning provisions relating to area requirements may be modified by the Planning Board to allow for the clustering of lots, in accordance with the provisions of Chapter 490, Zoning, § 490-41. Also, cluster may be mandated by the Planning Board for the adequate protection of certain irreplaceable natural resources.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).