Prior to the preparation of and the submission
of a plat for approval, the subdivider should proceed to gather the
necessary information and data on the existing conditions at the site.
He should study the site suitability and opportunities for development.
Presumably he will discuss financing, planning and marketing with
the lending institutions. He should develop a preliminary environmental
assessment (EAF). It shall be the developer's responsibility to ascertain
from the West Carthage Village Board the availability of water and
sewer capabilities to meet the requirements for adequate subdivision.
In cases where planned development exceeds the availability of adequate
water and sewers, the Village has no obligation to meet those demands
when the Village Board has determined that undue financial hardship
upon the Village would occur. In cases where the developer and the
Village feel that said development would be beneficial to both parties,
the Village may enter into negotiations with said developer whereby
the developer may assist the Village financially to alleviate the
economic hardship. Letters of intent or agreement shall not be entered
into unless successful completion of negotiations has occurred.
The subdivider shall request an appointment
with the Planning Board for the purpose of reviewing the sketch plan.
The Planning Board Clerk will notify the subdivider of the time, date
and the place that the Planning Board will meet to consider and review
such sketch plan and the program as they relate to the Community General
Plan, design standards and improvement requirements. This meeting
is intended to assist the subdivider in the planning and preparation
of the preliminary or final plat to save him both time and money in
preparing maps and plans. The plan will be classified as a minor or
major subdivision by the Planning Board as defined by this chapter.
Subdivisions classified as minor may proceed directly to preparation
of a final plat without submission and approval of a preliminary plat,
which shall be required for a major subdivision. A copy of the sketch
plan shall be provided the Planning Board Clerk at least 48 hours
in advance of the sketch plan conference. This may be waived by a
majority of the Planning Board upon the request of the developer.
New York State Department of Health approval
may be required for any subdivision containing five or more lots.
Early contact by the subdivider with this Department is advised.
All major subdivisions shall be subject to the preliminary plat requirements as specified herein. The subdivider shall file an application for approval of the preliminary plat on forms available at the Village Office, accompanied by all documents specified in Article IV herein.
A.
Review of subdivision. Following the review of the
preliminary plat and supplementary material submitted for conformity
to this chapter, and following negotiations with the subdivider on
changes deemed advisable and the kind and extent of improvements to
be made by him, the Planning Board shall hold a public hearing. This
hearing shall be held within 45 days of the official submission date
of the plat. The subdivider shall attend the hearing. This hearing
shall also fulfill the requirements of the SEQR Act[1] on the draft environmental impact. Within 45 days from
the public hearing, the Planning Board shall approve, approve with
modifications or disapprove the preliminary plat and state its reasons
for disapproval.
[1]
Editor's Note: See Environmental Conservation
Law § 8-0101 et seq.
B.
Notice of public hearing. The hearing shall be advertised
at least once in a newspaper of general circulation in the Village
at least five days before the hearing.
C.
SEQR review. The lead agency in the SEQR review process
will be responsible for completion of a final environmental impact
statement. A statement of findings must accompany the approval of
a plat. All legitimate expenses shall be the responsibility of the
developer.
D.
Notice of decision. The action of the Planning Board
shall be noted on four copies of the preliminary plat and reference
made to any modifications determined. One copy shall be returned to
the subdivider, one filed with the Village Clerk and the other two
copies retained by the Planning Board.
E.
Effect of approval. Approval of a preliminary plat
shall not constitute approval of the final plat. The preliminary plat
shall be a guide to the preparation of the final plat. Before submission
of the final plat or any portion thereof for formal approval, the
subdivider must comply with this chapter and all requirements set
forth by the Planning Board in its review of the preliminary plat
and any other State Health Department requirements.
All subdivisions, as defined herein, shall require final plat approval by the Planning Board. The subdivider shall file an application for final plat approval on forms available at the Village Office, accompanied by documentation as specified in Article IV herein, to the Planning Board. Such application shall be submitted at least 10 days prior to the meeting at which it is to be considered by the Planning Board and no later than six months after the date of the preliminary plat approval.
A.
Optional public hearing. A public hearing may be held
by the Planning Board after a complete application is filed and prior
to rendering a decision. This hearing shall be held within 45 days
of the official submission date of the plat. The subdivider shall
attend the hearing. The Planning Board shall approve, conditionally
approve or disapprove the final plat within 45 days of the public
hearing. If disapproved, the grounds for disapproval shall be stated
in the record of the Planning Board, including reference to the provision(s)
violated by the plat. Failure of the Planning Board to render a decision
within the stated forty-five-day period shall be deemed final approval
of the plat.
B.
Notice of public hearing. The hearing shall be advertised
at least once in a newspaper of general circulation in the Village
at least five days before the hearing.
C.
Waiver of public hearing. If the final plat is in
substantial agreement with the preliminary plat, the Planning Board
may waive the public hearing requirement. If no hearing is held, the
Planning Board shall approve, conditionally approve or disapprove
the plat within 45 days of the official submission date.
D.
Notice of decision. The subdivider shall be notified
of the final action of the Planning Board and he shall record the
final plat or section thereof in the office of the Clerk of Jefferson
County. New York, within 60 days after the date of approval; otherwise
the plat shall be considered void and must again be submitted to the
Planning Board for approval before recording in the office of the
Clerk of Jefferson County, New York.
E.
Conditional approval. Upon 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. The plat shall be certified by the Planning
Board Clerk and a certified statement of such requirements shall accompany
such plat, 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. Conditional approval of a final plat shall expire six months
after the date of the resolution granting such approval. The Planning
Board may, however, extend the expiration time for an additional period
not to exceed six months.
