[Amended 5-6-2002 by L.L. No. 1-2002]
Whenever any subdivision of land is proposed, before any contract for the sale of any part thereof, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdividing owner or his authorized agent shall apply for the secure approval of such proposed subdivision in accordance with the following procedures, which may include up to three steps:
Discussion or requirements. Before preparing the preliminary layout, the applicant may discuss with the Planning Board or its representative the requirements for reservations of land, street improvements, drainage, sewerage, water, fire protection and similar aspects, as well as the availability of existing services. The applicant should also discuss the preliminary layout with the State Health Department or other pertinent health agencies whose approval is required by this chapter and which must eventually approve any subdivision plat coming within its jurisdiction.
Application procedure. Prior to filing an application for the approval of a subdivision plat, the applicant shall file an application for the approval of a preliminary layout and shall retain competent engineering and legal counsel for technical matters and provide the necessary detailed information. The application shall:
Be made on forms available at the office of the Village Administrator.
Include all land which the applicant proposes to subdivide.
Be accompanied by three copies of the preliminary layout, as described in § 26-16 of this chapter, a copy of which shall be submitted to the Village Engineer at least two weeks prior to the regularly scheduled Planning Board meeting for its review.
Be presented to the Chairman of the Planning Board.
Be accompanied by a minimum fee of $100, plus $50 for each additional lot.
[Amended 1-19-1987 by L.L. No. 1-1987; 10-19-1987 by L.L. No. 6-1987; 5-6-2002 by L.L. No. 1-2002]
Unscheduled Planning Board meeting by special request: $50.
For subdivision plat housing developments of more than 70 units in size, the fee structure is calculated as in § 26-3B(6) but may be paid in three installments, each consisting of 1/3 of the total amount due on the application. The schedule of payments shall coincide with the three phases of plan development, and each payment shall be due prior to the meeting that begins each phase of the Planning Board plan approval process:
Applicant to attend Planning Board meeting. The applicant should then be prepared to attend the next regular meeting of the Planning Board to discuss the preliminary layout.
Study of preliminary layout. The Planning Board will carefully 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 will be given to the arrangement, location and width of streets, their relation to the topography of the land, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided, and the requirements of the Village of Brockport Master Plan and the Official Map.
Required changes for tentative approval. After discussion of the preliminary layout, the Planning Board will advise the applicant, in writing, of the specific changes it will require in the layout, and the character and extent of required improvements and reservations which it will require as a prerequisite to the approval of the subdivision plat. This shall constitute tentative approval of the preliminary layout.
Where an application has been received for a new one-lot subdivision on existing public services, or for a lot resubdivision, the Planning Board authorizes the Building Inspector for the Village of Brockport to take such application and, if he is satisfied that appropriate zoning regulations are met and that all public services, i.e., water, sewer and road, do service this property, he may grant tentative approval of the preliminary layout on behalf of the Planning Board. With such approval, the applicant may then file directly with the Planning Board for final approval after the mandatory public hearing.
[Added 3-1-1976 by L.L. No. 3-1976]
The purpose of the above new subsection is to simplify the subdivision process when the property has already been subdivided or when the property exists in an improved section of the Village.
[Added 3-1-1976 by L.L. No. 3-1976]
Application procedure. Within six months of the tentative approval of the preliminary layout, the applicant may file with the Planning Board an application for approval of a subdivision plat. The application shall:
Be made on forms provided by the Planning Board at the time of tentative approval of the preliminary layout.
Include the entire subdivision, or a section thereof, which derives access from a street on the Official Map (as it may be adopted), which street is improved to Village standards or for which street a bond covering such improvements is held by the Village.
Be accompanied by three copies of the subdivision plat and the construction detail sheets, as described in § 26-17 of this chapter.
Comply in all respects with the preliminary layout as tentatively approved.
Be presented to the Chairman of the Planning Board at least two weeks prior to a regular meeting of the Board in order that a public hearing may be scheduled and the required five days' notice given.
Official submittal date. The subdivision plat shall be considered officially submitted only at the regular meeting of the Planning Board following completion of the application procedure outlined above.
Endorsement of State Health Department. The proposed subdivision plat shall be properly endorsed by the State Health Department, or other pertinent health agency, as meeting the standards of the State Sanitary Code or other applicable health code before any public hearing is scheduled. The plat should be in final form before State Health Department or other health agency approval.
County Official Map notification. The Planning Board shall also, when and if Monroe County establishes a County Official Map, notify the County Planning Board or Commission, if any, and the County Superintendent of Highways if the subdivision plat proposes structures or new streets having frontage on, access to or is otherwise directly related to any county road, existing or proposed, as shown on the County Official Map, when and if established. The County Planning Board or Commission shall report to the Village Planning Board within 30 days on its approval or disapproval, or on its approval subject to stated conditions, of the subdivision plat. The plat may be approved by the Village Planning Board subject to stated conditions, notwithstanding such report, when the application of such report will act so as to deprive the owner of the reasonable use of his land.
Public hearing. Before the Planning Board acts on any subdivision plat, it shall hold a public hearing thereon, in accordance with Village Law § 7-728.
Action on proposed subdivision plat. After careful study, the Planning Board may, within 45 days from the official submittal date of the subdivision plat, approve, modify or disapprove such plat. The grounds for disapproval of any plat shall be stated on the records of the Planning Board. A subdivision plat shall not be signed by the authorized officers of the Planning Board until the applicant has met all the conditions of the action granting approval of such plat.
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 Board and endorsed, in writing, on the plat. In the event that any subdivision plat when recorded contains any such changes, the plat shall be considered null and void, and the Board shall institute proceedings to have said plat stricken from the records of the County Clerk.
Prior to any action by the Planning Board approving a subdivision plat, the applicant shall be required to post a performance bond (backed up with a letter of credit or surety bond or certified check) which is available to the Village in sufficient amount to assure such completion of all required improvements. This bond shall be for a period of one year, to be renewed at the end of that time if improvements are not completed. After the improvements are in and approved by the Village, the applicant shall be required to post a maintenance bond for two years in the amount of 10% of the cost of such improvements. Such performance bond shall comply with the requirements of Village Law § 7-730, and shall be satisfactory to the Village Board as to form, sufficiency and manner of execution. All required improvements shall be made by the applicant at his expense without reimbursement by the Village.
[Amended 12-7-1970; 11-19-1973]
Inspection of improvements. The Village shall employ an inspector to act as agent of the Planning Board for the purpose of assuring the satisfactory completion of improvements required by the Planning Board and shall determine an amount sufficient to defray costs of inspection. The applicant shall pay the Village costs of inspection before the subdivision plat is signed for filing. If the Planning Board or its agent finds, upon inspection, that any of the required improvements have not been constructed in accordance with the approved construction detail sheets, the applicant and the bonding company will be severally and jointly liable for the costs of completing said improvements according to specifications.
Utilities. As to utilities required by the Planning Board, the Board may accept assurance from each public utility company whose facilities are proposed to be installed. Such assurance shall be in writing, addressed to the Board, stating that such public utility company will make the installation necessary for the furnishing of its services within a specified time, in accordance with the approved construction detail sheets.
Monuments. Permanent monuments shall be set at block corners and at intervals of approximately 500 feet, or such other distance as the Planning Board may determine appropriate, and their location shall be shown on the subdivision plat. Iron pipes shall not be considered permanent monuments for the purpose of this chapter.
Offers of cession and releases. The plat shall be endorsed with the necessary agreements in connection with required easements or releases. Offers of cession to the Village shall be presented prior to plat approval. Formal offers of cession to the Village of all streets and parks not marked on the plat, with a notation to the effect that such cession will not be offered, shall be filed with the Planning Board prior to plat approval.
Upon completion of all requirements set forth in the action approving the subdivision plat, the plat shall be properly signed by the appropriate officers of the Planning Board and shall be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed within 90 days of the date of Planning Board signature shall become null and void.
For a resubdivision, the same procedure, rules and regulations apply as for a subdivision.
Public acceptance of streets and reservations. The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or imply the acceptance by the Village of any street, park, playground or other open space shown on said plat. The Planning Board may require said 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 covering future title, dedication and provision for the cost of grading, development, equipment and maintenance of any park or playground area.