Village of Warwick, NY Article II Procedure for Filing Subdivision Applications

§ 120-3 Application for approval.

Whenever any subdivision of land is proposed to be made, and before any contract for the sale of, or any offer to sell, 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.

§ 120-4 Sketch plan.

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 two weeks 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 IV, for the purposes of classification and preliminary discussion.

B. Discussion of requirements. At its meeting with the subdivider, the Planning Board shall discuss the objectives of these regulations and the requirements for street improvements, drainage, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information.

C. Classification. 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 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 and approved as a minor subdivision, the subdivider shall then comply with the procedure outlined in Article III, § 120-5, of these regulations. If the sketch plan is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article II, §§ 120-6, 120-7 and 120-8.

D. 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 suggestions in writing to be incorporated by the applicant in the next submission to the Planning Board.

E. Sketch plan application and review fee. A fee as set forth in Chapter 63, Fees, shall be charged for anyone coming before the Board if there has to be a motion. Anyone else coming for information, unless directed by the Building Inspector, shall also pay the fee as set forth in Chapter 63, Fees. All submissions shall be in writing, on a proper form, accompanied by the fee and received at least 21 days prior to the next scheduled meeting.

[Added 11-8-1982]

§ 120-5 Approval of minor subdivision.

A. Application. Within six months after the approval of the sketch plan by the Planning Board, the subdivider shall submit an application for approval of a subdivision plat. The plat shall contain all information from the sketch plan, as approved by the Board, plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in Article IV, § 120-20A.

B. Fees. For minor subdivisions, there shall be one nonrefundable fee for preliminary plat submissions and one nonrefundable fee of $50 for final plat submissions as set forth in Chapter 63, Fees.

[Amended 11-8-1982; 2-10-1986]

C. Number of copies. Five copies of the subdivision plat shall be presented to the Secretary of the Planning Board at least two weeks prior to a scheduled Board meeting.

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 subdivision plat.

E. When officially submitted.

[Amended 6-7-2004 by L.L. No. 4-2004]

(1) The date of official submission of the final plat shall be deemed to be the date on which the Planning Board certifies the application as complete at a regular or special meeting of the Board. No application shall be deemed officially submitted until all the surveys, plans and other data required in Article IV, § 120-20, are submitted complete and in good form, together with the application and fee.

(2) Receipt of a complete preliminary plat. A final plat shall not be deemed complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of a final plat shall begin upon filing of such negative declaration or such notice of completion.

F. Public hearing. Before the Planning Board shall act on the subdivision plat, it shall hold a public hearing in accordance with § 7-728.6. of New York State Village Law, Advertising for the public hearing and certified mailings, if any, shall be paid for by the applicant.

[Amended 11-8-1982; 6-7-2004 by L.L. No. 4-2004]

G. Decision. The Planning Board shall make its decision on the final plat in accordance with the provisions of § 7-728.6. of New York State Village Law.

[Amended 2-10-1986; 6-7-2004 by L.L. No. 4-2004]

H. The cost(s) of the Planning Board obtaining and securing the advice of or assistance of any expert consultant(s) shall be paid by the applicant, and the Planning Board may require the applicant to deposit funds in a reasonable amount to assure payment of any such consultant(s), and any surplus shall be returned after the consultant(s) bill is received and paid in full.

[Added 2-10-1986]

§ 120-6 Preliminary layout for major subdivision.

A. Application. 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 layout of the proposed subdivision, in the form described in Article IV, § 120-21, hereof. Such a preliminary plat shall be clearly marked "preliminary plat." The preliminary layout shall, in all respects comply with the requirements set forth in the provisions of Article IV, § 120-21, hereof, and § 7-728 of the New York State Village Law, except where a waiver may be specifically authorized by the Planning Board.

[Amended 6-7-2004 by L.L. No. 4-2004]

B. Fees. For major subdivisions, there shall be one nonrefundable fee for preliminary plat submissions and one nonrefundable fee for final plat submissions as set forth in Chapter 63, Fees.

[Amended 11-8-1982; 2-10-1986]

C. Number of copies. The original and five copies of the preliminary layout shall be presented to the Secretary of the Planning Board at least two weeks prior to a scheduled Board meeting.

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 preliminary layout.

E. Study of layout. The Planning Board shall study the practicability of the preliminary layout, 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, if such exist.

F. Approval of preliminary plats. The Planning Board shall follow the procedures and make its decision on the preliminary layout in accordance with the provisions of § 7-728.5 of New York State Village Law as follows:

[Amended 6-7-2004 by L.L. No. 4-2004]

(1) Receipt of a complete preliminary plat. A preliminary plat shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion.

(2) Planning Board as lead agency under the state environmental quality review act; public hearing; notice; decision.

(a) Public hearing on preliminary plats. The time within which the Planning Board shall hold a public hearing on the preliminary plat shall be coordinated with any hearings the Planning Board may schedule pursuant to the State Environmental Quality Review Act, as follows:

[1] If such Board determines that the preparation of an environmental impact statement on the preliminary plat is not required, the public hearing on such plat shall be held within 62 days after the receipt of a complete preliminary plat by the Clerk of the Planning Board; or

[2] If such Board determines that an environmental impact statement is required, and a public hearing on the draft environmental impact statement is held, the public hearing on the preliminary plat and the draft environmental impact statement shall be held jointly within 62 days after the filing of the notice of completion of such draft environmental impact statement in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the public hearing on the preliminary plat shall be held within 62 days of filing the notice of completion.

(b) Public hearing; notice, length. The hearing on the preliminary plat shall be advertised at least once in a newspaper of general circulation in the Village at least five days before such hearing if no hearing is held on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.

(c) Decision. The Planning Board shall approve, with or without modification, or disapprove such preliminary plat as follows:

[1] If the Planning Board determines that the preparation of an environmental impact statement on the preliminary plat is not required, such Board shall make its decision within 62 days after the close of the public hearing; or

[2] If the Planning Board determines that an environmental impact statement is required, and a public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of such public hearing in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of the public hearing on the preliminary plat. Within 30 days of the filing of such final environmental impact statement, the Planning Board shall issue findings on the final environmental impact statement and make its decision on the preliminary plat.

(d) Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. When so approving a preliminary plat, the Planning Board shall state in writing any modifications it deems necessary for submission of the plat in final form.

(3) Planning Board not as lead agency under the State Environmental Quality Review Act; public hearing; notice; decision.

(a) Public hearing on preliminary plats. The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the preliminary plat jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement or if no public hearing is held on the draft environmental impact statement, the Planning Board shall hold the public hearing on the preliminary plat within 62 days after the receipt of a complete preliminary plat by the Clerk of the Planning Board.

(b) Public hearing; notice, length. The hearing on the preliminary plat shall be advertised at least once in a newspaper of general circulation in the Village at least five days before such hearing if held independently of the hearing on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.

(c) Decision. The Planning Board shall by resolution approve with or without modification or disapprove the preliminary plat as follows:

[1] If the preparation of an environmental impact statement on the preliminary plat is not required, the Planning Board shall make its decision within 62 days after the close of the public hearing on the preliminary plat.

[2] If an environmental impact statement is required, the Planning Board shall make its own findings and its decision on the preliminary plat within 62 days after the close of the public hearing on such preliminary plat or within 30 days of the adoption of findings by the lead agency, whichever period is longer.

(d) Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. When so approving a preliminary plat, the Planning Board shall state in writing any modifications it deems necessary for submission of the plat in final form.

(4) Certification and filing of preliminary plat. Within five business days of the adoption of the resolution granting approval of such preliminary plat, such plat shall be certified by the Clerk of the Planning Board as having been granted preliminary approval and a copy of the plat and resolution shall be filed in such Clerk's office. A copy of the resolution shall be mailed to the owner.

(5) Filing of decision on preliminary plat. Within five business days from the date of the adoption of the resolution stating the decision of the Board on the preliminary plat, the Chairman or other duly authorized member of the Planning Board shall cause a copy of such resolution to be filed in the office of the Village Clerk.

(6) Revocation of approval of preliminary plat. Within six months of the approval of the preliminary plat the owner must submit the plat in final form. If the final plat is not submitted within six months, approval of the preliminary plat may be revoked by the Planning Board.

G. The cost(s) of the Planning Board of obtaining and securing the advice or assistance of any expert consultant(s) shall be paid by the applicant, and the Planning Board may require the applicant to deposit funds in a reasonable amount to assure payment of any such consultant(s) and any surplus shall be returned after the consultant(s) bill is received and paid in full.

[Added 2-10-1986]

H. State environmental quality review fees for the following shall be as set forth in Chapter 63, Fees:

[Added 2-10-1986]

(1) Determination (initial).

(a) For excluded actions.

(b) For direct actions.

(c) For all other actions except those by agencies of the Village of Warwick.

(2) Environmental assessment.

(a) Draft environmental assessment processing fee.

(b) The costs associated with publication and noticing of environmental assessment processing.

(c) The cost(s) of obtaining and securing the advice or assistance of any expert consultant(s) shall be paid by the applicant, and the Planning Board may require the applicant to deposit funds in a reasonable amount to assure payment of any consultant(s), and any surplus shall be returned after the consultant(s) bill is received and paid in full.

(3) Preparation of notice of completion and statement of findings.

§ 120-7 Plat for major subdivision.

A. Approval of final plats.

[Amended 6-7-2004 by L.L. No. 4-2004]

(1) Submission of final plats. Final plats shall conform to the definition provided by this section.

(2) Final plats which are in substantial agreement with approved preliminary plats. The final plat shall not be deemed officially submitted until all surveys, plans, data required in Article IV, § 120-21, hereto are submitted complete and in good form, together with the application duly completed, and the fee for application paid. When a final plat is submitted which the Planning Board deems to be in substantial agreement with a preliminary plat approved pursuant to this section, 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 62 days of its receipt in completed form by the Clerk of the Planning Board.

(3) Final plats; not in substantial agreement with approved preliminary plats. When a final plat is submitted which the Planning Board deems not to be in substantial agreement with a preliminary plat approved pursuant to this section, the following shall apply:

(a) Planning Board as lead agency; public hearing; notice; decision.

[1] Public hearing on final plats. The time within which the Planning Board shall hold a public hearing on such final plat shall be coordinated with any hearings the Planning Board may schedule pursuant to the State Environmental Quality Review Act, as follows:

[a] If such Board determines that the preparation of an environmental impact statement is not required, the public hearing on a final plat not in substantial agreement with a preliminary plat, shall be held within 62 days after the receipt of a complete final plat by the Clerk of the Planning Board; or

[b] If such Board determines that an environmental impact statement is required, and a public hearing on the draft environmental impact statement is held, the public hearing on the final plat and the draft environmental impact statement shall be held jointly within 62 days after the filing of the notice of completion of such draft environmental impact statement in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the public hearing on the final plat shall be held within 62 days following filing of the notice of completion.

[2] Public hearing; notice, length. The hearing on the final plat shall be advertised at least once in a newspaper of general circulation in the Village at least five days before such hearing if no hearing is held on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such final plat. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.

[3] Decision. The Planning Board shall make its decision on the final plat as follows:

[a] If such Board determines that the preparation of an environmental impact statement on the final plat is not required, 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 62 days after the date of the public hearing; or

[b] If such board determines that an environmental impact statement is required, and a public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of such public hearing in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of the public hearing on the final plat. Within 30 days of the filing of the final environmental impact statement, the Planning Board shall issue findings on such final environmental impact statement and shall, by resolution, conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of such plat.

[4] Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.

(b) Planning Board not as lead agency; public hearing; notice; decision.

[1] Public hearing. The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the final plat jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement or if no public hearing is held on the draft environmental impact statement, the Planning Board shall hold the public hearing on the final plat within 62 days after the receipt of a complete final plat by the Clerk of the Planning Board.

[2] Public hearing; notice, length. The hearing on the final plat shall be advertised at least once in a newspaper of general circulation in the Village at least five days before such hearing if held independently of the hearing on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such final plat. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.

[3] Decision. The Planning Board shall by resolution conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of such plat as follows:

[a] If the preparation of an environmental impact statement on the final plat is not required, the Planning Board shall make its decision within 62 days after the close of the public hearing on the final plat.

[b] If an environmental impact statement is required, the Planning Board shall make its own findings and its decision on the final plat within 62 days after the close of the public hearing on such final plat or within 30 days of the adoption of findings by the lead agency, whichever period is longer. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.

(4) Approval and certification of final plats. Within five business days of the adoption of the resolution granting conditional or final approval of the final plat, such plat shall be certified by the Clerk of the Planning Board as having been granted conditional or final approval and a copy of such resolution and plat shall be filed in such Clerk's office. A copy of the resolution shall be mailed to the owner. In the case of a conditionally approved plat, such resolution shall include a statement of the requirements which, when completed, will authorize the signing thereof. Upon completion of such requirements, the plat shall be signed by said duly authorized officer of the Planning Board and a copy of such signed plat shall be filed in the office of the Clerk of the Planning Board or filed with the Village Clerk as determined by the Village Board of Trustees.

(5) Approval of plat in sections. In granting conditional or final approval of a plat in final form, the Planning Board may permit the plat to be subdivided and developed in two or more sections and may in its resolution granting conditional or final approval state that such requirements as it deems necessary to insure the orderly development of the plat be completed before said sections may be signed by the duly authorized officer of the Planning Board. Conditional or final approval of the sections of a final plat may be granted concurrently with conditional or final approval of the entire plat, subject to any requirements imposed by the Planning Board.

(6) Duration of conditional approval of final plat. Conditional approval of the final plat shall expire within 180 days after the resolution granting such approval unless all requirements stated in such resolution have been certified as completed. The Planning Board may extend by not more than two-additional periods of 90 days each the time in which a conditionally approved plat must be submitted for signature if, in the Planning Board's opinion, such extension is warranted by the particular circumstances.

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 one original and two prints of the plat, the original and one certified copy of all offers of cession, covenants and agreements and two prints of all construction drawings, at least two weeks in advance of the meeting at which it is to be submitted.

C. (Reserved)[1]

[1] Editor's Note: Former Subsection C, When officially submitted, was repealed 6-7-2004 by L.L. No. 4-2004. For current provisions, see Subsection A.

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 New York State Department of Health. Applications for approval of plans for sewer or water facilities will be filed by the Village Engineer with all necessary county and state agencies. Endorsement and approval of the State Department of Health shall be secured before official submission of the subdivision plat.

E. (Reserved)[2]

[2] Editor's Note: Former Subsection E, Public hearing, was repealed 6-7-2004 by L.L. No. 4-2004. For current provisions, see Subsection A.

F. (Reserved)[3]

[3] Editor's Note: Former Subsection F. Action on proposed subdivision plat, was repealed 6-7-2004 by L.L. No. 4-2004. For current provisions, see Subsection A.

G. Issuance of building permits.

(1) Notwithstanding the requirements of the Zoning Ordinance and other applicable codes and ordinances, the Building Inspector may issue building permits for lots on the approved plat upon notification by the Planning Board that required improvements have been properly installed or that a bond to cover these improvements has been filed with the Village Clerk.

(2) In order for a subdivider to file an approved subdivision plat, the following note must appear on the map to be filed.

[Added 11-12-1979]

"No building permits will be issued for any lots in any approved section of such subdivision, with the exception of two model homes, until all public improvements have been installed to the satisfaction of the Village of Warwick, with the exception of the asphaltic concrete wearing course. The wearing course shall be bonded, and this work shall be done before certificates of occupancy are issued.

The two model homes are not to be sold until all improvements are completed. No certificates of occupancy shall be issued for any of the buildings until all the public improvements are completed and accepted for dedication by the Village Board."

§ 120-8 Required improvements.

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

(1) Bonds and improvements.

(a) 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 § 179-1 of the Village Law[1] and shall be satisfactory to the 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. If the bond is not filed within 45 days of the approval granted in § 120-7F above, the plat shall be deemed disapproved.

[1] Editor's Note: See § 7-730 of the new Village Law.

(b) With respect to any dwelling fronting on a new street shown on the subdivision plat, all required improvements shall be completed to the satisfaction of the Village Engineer within four months after the date of initial title transfer. If the subdivider fails to do so, the Board of Trustees may order such improvements to be installed and charge the expense thereof to the subdivider. In the case of exceptionally large subdivisions, the Planning Board may grant a reasonable extension of time beyond the said four-month period or, alternately, may approve the completion of only a portion of the required improvements within the period specified. No bond shall be released except upon certification by the Board of Trustees that all required improvements have been completed to their satisfaction.

(2) Completion of improvements. 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 there shall be submitted to the Board of Trustees a bond or certified check covering the costs of all improvements not completed and the cost of satisfactorily installing any improvement not approved by the Village Engineer. Any such bond shall be satisfactory to the Board of Trustees and the Village Engineer as to form, sufficiency, manner of execution and surety.

(3) Regardless of whether the procedure in Subsection A(1) or Subsection A(2) of this section is followed, the following also shall be required.

(a) The subdivider shall file with the village a certified check or surety bond in the amount determined by the Planning Board to be adequate to assure the satisfactory condition of the initial improvements for a period of one year following their completion. Any such bond shall be satisfactory to the Board of Trustees and Village Engineer as to form, sufficiency, manner of execution and surety.

(b) The subdivider shall be required to provide contingent public liability insurance in the name of the village at the same limits as the general liability policy of the village. This insurance shall apply to general liability and property damage coverage.

(c) Review fees. The subdivider shall file with the village a certified check, calculated upon the following schedule, for review of plans of developments at both preliminary and final submission stages. Said review fee will be paid with an application for preliminary approval, will be nonrefundable and will allow for a thorough review of the plans prior to construction.

[Added 1-10-1977 by L.L. No. 1-1977]

[1] Inspection fees. The applicant shall pay to the village, prior to the inspection, an amount equal to 5% of the cost of the proposed improvements as estimated by the Village Engineer, as a retainer. If the actual cost of inspection exceeds 5%, the difference shall be paid by the applicant.

[Amended 11-8-1982[2]]

[2] Editor's Note: This resolution also superseded former Subsection A(3)(c)(1) through [3].

[2] Commercial site plan review fees shall be as set forth in Chapter 63, Fees.

[Amended 11-8-1982[3]]

[3] Editor's Note: This resolution also superseded former Subsection A(3)(c)[1] through [3].

B. Waiver of required improvements. The Planning Board may waive, for such period as it may determine, the provision of any or all such improvements as, in its judgment, are not necessary in the interests of the public health, safety and general welfare. In the case of each waiver granted, the Planning Board shall enter upon its records the reason or reasons why the particular improvement is not necessary, and it shall attach appropriate conditions or require such guaranties as may be necessary to protect the public interest.

C. 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 made it necessary or preferable to modify the location or design of such required improvements, the Village Engineer may, upon his own initiative or upon written request of the subdivider, authorize modifications, provided 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.

D. Inspection of improvements. The Board of Trustees shall 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.

(1) The applicant may elect to install such improvements in accordance with the approved preliminary layout if he notifies the Board of Trustees in writing of his intentions to proceed. If he does not so notify the Board of Trustees, he shall proceed at his own risk. Upon receipt of a written request to proceed, the Board of Trustees shall assign an Inspector. The applicant shall pay to the Village, prior to the inspection, an amount equal to 3% of the cost of the proposed improvements as estimated by the Village Engineer or the actual cost of inspection, whichever is less.

(2) If a bond is to be given to assure completion of required improvements, the Board of Trustees shall assign an Inspector to assure such satisfactory completion. The developer shall pay the Board of Trustees, prior to their approval of the bond, an amount equal to 3% of the amount of the bond to cover the cost of such inspection.

E. Utilities required. As to utilities required by the Planning Board, the Planning Board may accept assurance from each public utility company whose facilities are proposed to be installed. Such assurance shall be given in a letter addressed to the Board and stating that such public utility company will make the installations necessary for the furnishing of its services within the time therein specified and satisfactory to the Board.

F. 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 Board of Trustees, Building Inspector and Planning Board. The Planning Board 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.

§ 120-9 Filing of approved subdivision plat.

A. Final approval and filing.[1] Upon completion of the requirements in § 120-8 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 officers of the Planning Board, Chairman or Acting Chairman, and shall be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed or recorded within 60 days of the date upon which such plat is approved, or considered approved by reasons of the failure of the Planning Board to act, shall become null and void, unless the particular circumstances of said applicant warrant the Planning Board to grant an extension.

[Amended 6-7-2004 by L.L. No. 4-2004]

[1] Editor's Note: See § 7-728 of the Village Law.

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 the 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.

§ 120-10 Public streets; recreation areas.

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, park, playground 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 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.