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.
A.
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Planning Board, at least 10 days prior to the regular meeting of the Board, two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article V, § 177-19, for the 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 it necessary for the 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 plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in Article III, § 177-5, of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ 177-6, 177-7 and 177-8.
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 recommendations, in writing, to
be incorporated by the applicant in the next submission to the Planning Board.
A.
Application and fee.
(1)
Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a 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, § 177-20.
B.
Number of copies. Five copies of the subdivision plat
shall be presented to the Secretary of the Planning Board at least 10 days
prior to a scheduled monthly meeting of the Planning Board.
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 subdivision plat.
D.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly or special meeting of the Planning Board at least 10 days prior to which the application for plat approval, complete and accompanied by the required fee and all data required by Article V, § 177-20, of these regulations, has been filed with the Secretary of the Planning Board.
E.
Public hearing. A public hearing shall be held by the
Planning Board within 30 days from the time of submission of the subdivision
plat for approval. Said hearing shall be advertised in a newspaper of general
circulation in the village and a notice of hearing posted in at least three
prominent places at least five days before such hearing.
A.
Application and fee. Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the consideration of a preliminary plat of the proposed subdivision, in the form described in Article V, § 177-21, hereof. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 7-728 and 7-730 of the Village Law and Article V, § 177-21, of these regulations, except where a waiver may be specifically authorized by the Planning Board. The application for conditional approval of the preliminary plat shall be accompanied by a fee of $250, plus $10 per lot for each lot in the proposed subdivision.[1]
B.
Number of copies. Five copies of the preliminary plat
shall be presented to the Secretary of the Planning Board at least 10 days
prior to a regular monthly meeting of the Planning Board.
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 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 and 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 Ordinance,[2] if such exists.
E.
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date of the regular monthly meeting of the Planning Board, at least 10 days prior to which the application for conditional approval of the preliminary plat, complete and accompanied by the required fee and all data required by Article V, § 177-21, of these regulations, has been filed with the Secretary of the Planning Board.
F.
Conditional approval of the preliminary plat.
(1)
Within 60 days after the time of submission of a preliminary
plat, the Planning Board shall take action to conditionally approve, with
or without modifications, or disapprove such preliminary plat and the ground
of any modification required or the ground for disapproval shall be stated
upon the records of the Planning Board. Failure of the Planning Board to act
within such sixty-day period shall constitute a conditional approval of the
preliminary plat.[3]
(2)
When granting conditional approval to a preliminary plat,
the Planning Board shall state the conditions of such approval, if any, with
respect to the specific changes which it will require in 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 subdivision 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 retained
by the Planning Board and one forwarded to the Village Board of Trustees.
Conditional approval of a preliminary plat shall not constitute approval of
the subdivision plat, but rather it shall be deemed an expression of approval
of the design submitted on the preliminary plat as a guide to the preparation
of the plat, which will be submitted for approval of the Planning Board and
for recording upon fulfillment of the requirements of these regulations and
the conditions of the conditional approval, if any. Prior to approval of the
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.
A.
Application for approval and fee. The subdivider shall,
within six months after the conditional approval of the preliminary plat,
file with the Planning Board an application for approval of the subdivision
plat in final form, using the approved application blank available from the
Secretary of the Planning Board. All applications for plat approval for major
subdivisions shall be accompanied by a fee of $50. If the final plat is not
submitted within six months after the conditional approval of the preliminary
plat, the Planning Board may refuse to approve the final plat and require
resubmission of the preliminary plat.[1]
B.
Number of copies. A subdivider intending to submit a
proposed subdivision plat for the approval of the Planning Board shall provide
the Secretary of the Board with a copy of the application and three copies
(one copy in ink on linen) of the plat, the original and one true copy of
all offers of cession, covenants and agreements and two prints of all construction
drawings at least 10 days in advance of the regular monthly Planning Board
meeting at which it is to be officially submitted.
C.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Board, at least 10 days prior to which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by Article V, § 177-22, of these regulations, has been filed with the Secretary of the Planning Board. In addition, if the applicant elects to construct any or all required improvements [as specified in Article III, § 177-8A(2)], the Village Engineer must file a certificate with the Planning Board stating that these improvements have been satisfactorily installed before the subdivision plat shall be considered officially submitted.
D.
Endorsement of state and county agencies. Water and sewer
facility proposals contained in the subdivision plat shall be properly endorsed
and approved by the County Department of Health. Applications for approval
of plans for sewer or water facilities will be filed by the subdivider with
all necessary village, county and state agencies. Endorsement and approval
by the State Department of Health shall be secured by the subdivider before
official submission of subdivision plat.
E.
Public hearing. A public hearing shall be held by the
Planning Board within 30 days after the time of submission of the subdivision
plat for approval. This hearing shall be advertised in a newspaper of general
circulation in the village and a notice of hearing posted in at least three
prominent places at least five days before such hearing.
F.
Action on proposed subdivision plat. The Planning Board shall, within 60 days from the site of submission of the subdivision plat, approve, modify and approve or disapprove the subdivision plat. However, the subdivision plat shall not be signed by the authorized officers of the Planning Board for recording until the subdivider has complied with the provisions of § 177-8 of this Article.[2]
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 Planning Board, the subdivider
shall either file with the Village Clerk a certified check to cover the full
cost of the required improvements or the subdivider shall file with the Village
Clerk a performance bond to cover the full cost of the required improvements.
Any such bond shall comply with the requirements of § 7-730 of the
Village Law and shall be satisfactory to the Village Board of Trustees and
Village Engineer as to form, sufficiency, manner of execution and surety.
A period of one year (or such other period as the Planning Board may determine
appropriate, not to exceed three years) shall be set forth in the bond, within
which required improvements must be completed.[1]
(2)
The subdivider shall complete all required improvements
to the satisfaction of the Village 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 Village Clerk a bond or certified check covering
the costs of such improvements and the cost of satisfactorily installing any
improvement not approved by the Village Engineer. Any such bond shall be satisfactory
to the Village Board of Trustees and Village Engineer 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 Village 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(1), 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 Village Engineer that unforeseen conditions make
it necessary or preferable to modify the location or design of such required
improvements, the Village 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 Village Engineer shall
issue any authorization under this section 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 five days prior
to commencing construction of required improvements, the subdivider shall
pay to the Village Clerk the inspection fee required by the Village Board
of Trustees and shall notify the Village Board of Trustees in writing of the
time when he proposes to commence construction of such improvements so that
the Village Board of Trustees may cause inspection to be made to assure that
all village specifications and requirements shall be met during the construction
of required improvements and to assure the satisfactory completion of improvements
and utilities required by the Planning Board.
D.
Proper installation of improvements. If the Village 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 Village Board of Trustees, Building
Inspector and Planning Board. The Village Board of Trustees then shall notify
the subdivider and, if necessary, the bonding company and take all necessary
steps to preserve the village'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.
A.
Final approval and filing. Upon completion of the requirements in §§ 177-7 and 177-8 above and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Planning Board (Chairman or Acting Chairman) and may be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed or recorded within 90 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, unless the particular circumstances of said application warrant the Planning Board to grant an extension, which shall not exceed two additional periods of 90 days.
B.
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made in any 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 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.
A.
Public acceptance of streets. The approval by the Planning
Board of a subdivision plat shall not be deemed to constitute or be evidence
of any acceptance by the village of any street, easement or other open space
shown on such subdivision plat.
B.
Ownership and maintenance of recreation areas. When a
park, playground or other recreation area shall have been shown on a plat,
the approval of said plat shall not constitute an acceptance by the village
of such area. The Planning Board shall require the plat to be endorsed with
appropriate notes to this effect. The Planning Board may also require the
filing of a written agreement between the applicant and the Village Board
of Trustees covering future deed and title, dedication and provision for the
cost of grading, development, equipment and maintenance of any such recreation
area.
