When any subdivision of land is proposed to be made and before any contract for sale of or any offer to sell such subdivision or any part thereof is made and before any building permit shall be granted, the procedure outlined will be observed.
Previous to the filing of an application for the approval of a plat, the subdivider shall submit to the Planning Board a sketch plat and data as specified in Article V. This step does not require formal application fee or filing of a plat with the Planning Board.
Within 31 days the Planning Board shall inform the subdivider that the sketch plat and data as submitted or as modified do or do not meet the objectives of these regulations, and it shall express its reasons therefor. In addition, at this time, the Planning Board shall classify the subdivision as either a minor or a major subdivision.
When the subdivider has been notified that the sketch plat has met the objectives, he should then consult the New York State Department of Health if his proposed subdivision is five or more lots under five acres offered for sale within the previous three years.
If the subdivision is to utilize a form of subsurface leaching, the subdivider's engineer should prepare a preliminary plat only after an inspection, percolation tests and deep test pits have been made of the property.
If the installation of a sewer system is involved, the subdivider should consult with the New York State Department of Health.
Eight copies of the preliminary plat and supplementary material specified shall be submitted to the Planning Board with eight copies of the subdivision application at least 14 days prior to the meeting at which it is to be considered.
Within 62 days of receipt of a complete application, the Planning Board shall hold a public hearing. Such hearing shall be advertised at least once in a newspaper of general circulation in the Village at least five days before such hearing. The applicant shall notify by certified mail all property owners within 200 feet of the outside perimeter of the proposed subdivision, at least five days prior to the public hearing and shall furnish the Planning Board with post office receipts as proof of notification.
Following review of the preliminary plat and other material submitted for conformity thereof to these regulations, and negotiations with the subdivider on changes deemed advisable and the kind and extent of improvements to be made by him, the Planning Board shall, within 62 days, act thereon as submitted or modified; and if approved, the Planning Board shall express its approval as conditional approval and state the conditions of such approval, if any, or if disapproved, shall express its disapproval and its reasons therefor in the minutes of the meeting.
The action of the Planning Board shall be noted on the three copies of the preliminary plat, referenced and attached to any conditions determined. One copy shall be returned to the subdivider, one copy shall be filed in the Village Clerk's office and the other retained by the Planning Board.
For any subdivision or portion of subdivision, the Planning Board will state in writing the character and extent of required public improvements for which waivers may have been requested by the subdivider and which, in the opinion of the Planning Board, may be waived without jeopardy to public health, safety, morals and general welfare or which are inappropriate because of inadequacy or lack of connecting facilities adjacent to or in proximity to the proposed subdivision.
Approval of preliminary plat shall not constitute approval of the final plat. Rather, it shall be deemed an expression of approval to the layout submitted on the preliminary plat, as a guide to the preparation of the final 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 approval, if any.
Approval of the preliminary plat may not be revoked by the Planning Board unless a substantial change in the character of the area or the availability of new information about the site and its surroundings indicate the unsuitability of the development, as shown on the preliminary plat. Before such revocation the subdivider shall be informed, in writing, of the reasons therefor and shall be given an opportunity to be heard before the Planning Board.
The final plat shall conform substantially to the preliminary plat, as approved, and, if desired by the subdivider, it may constitute only that portion of the approved preliminary plat which he proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of these regulations.
Eight copies of the final plat and all required supplementary material as specified in Article VI, together with eight copies of the application for final approval, shall be submitted. This application, copies of the final plat and supplementary material shall be received within six months of approval of the preliminary plat.
At the time of the final plat, the subdivider shall also submit the following:
A certificate as to adequacy of the proposed water supply and sewerage system by the New York State Department of Health and New York State Water Resources Commission, where applicable.
A certificate by a licensed engineer that any required improvements constructed by the subdivider have been designed and inspected and meet the minimum standards in these regulations or as otherwise required by law.
A performance bond, approved by the Planning Board and Village Board as to form, sufficiency, manner of execution and surety, for the completion of such required improvements as have not been constructed.
Offers of cession, in a form certified as satisfactory by the Village Attorney, of all land to be dedicated for streets, highways, easements, parks or other public facilities.
A certified check in the amount of 1% of the cost of the required improvements, as determined by the engineer, to meet the costs of inspection of required improvements, unless the improvements are to be provided by special district.
Drawings, certified by a licensed land surveyor or engineer showing the location of such required improvements as may have been constructed prior to final plat submission.
Within 62 days of submission of the final plat and other required material, the Planning Board shall review and act to approve or disapprove the plat, after holding a public hearing as required by § 7-728 of the Village Law.
For final plats in substantial agreement with preliminary plats, 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. The period in which the Planning Board must act may be extended by mutual consent of the owner and the Planning Board.
For final plats not in substantial agreement with preliminary plats, the Planning Board shall hold a public hearing on such final plat not later than 62 days after the receipt of such plat. The hearing shall be advertised at least once in a newspaper of general circulation in the Village at least five days prior to such hearing. The applicant shall notify by certified mail all property owners within 200 feet of the outside perimeter of the proposed subdivision, at least five days prior to the public hearing and shall furnish the Planning Board with post office receipts as proof of notification.
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. The period in which the Planning Board must act may be extended by mutual consent of the owner and the Planning Board.
If the final plat is approved, the Planning Board shall make an appropriate notation to that effect on the face of the original drawings or on the cloth prints. Three copies will be retained by the Planning Board.
Approval of the final plat shall expire within 62 days from the date of such approval unless within such sixty-two-day period such plat shall have been duly recorded by the owner in the office of the County Clerk. If the final submission is not filed within this period, the approval shall expire as provided in § 7-728 of the Village Law.
Within 30 days from the recording of the final plat, the owner shall file with the Planning Board a photostatic copy of the plat certified by the County Clerk to be a true copy of the recorded plat.
In the event of disapproval, the grounds for such action shall be stated in the records of the Planning Board, and a copy of such decision shall be sent to the subdivider upon request.
Drawings showing the location of all required improvements as built shall be certified by a licensed land surveyor and filed with the Planning Board within 30 days prior to acceptance of the improvements by the Village.
Until as-built plans are filed, no performance bond guaranteeing the completion of such improvements shall be released.
Performance bonds may be changed only under provisions of § 7-730 of the Village Law.
In the event that all required improvements have not been completed and are not acceptable to the Village Board 60 days prior to the expiration of the term of any performance bond executed pursuant to the provisions of § 7-730, Subdivision 9(a), of the Village Law, the Planning Board shall arrange for the extension of the term of the bond as provided by § 7-730 of the Village Law as may be required to protect the interest of the municipality.
In the case of a subdivision or a resubdivision of land not adjoined by other land in the same ownership into not more than four lots and not involving any new street or easement of purpose, four copies of a deed description of the lots to be thus created plus four copies of a map showing lot dimensions, bearings, location of monuments and the relationship of the lots to the street or streets upon which they front shall be sufficient for consideration for final approval by the Planning Board. This map shall include the information required by § 255-23B(1) and (2), and this submission shall be subject to the procedural requirements of § 255-7D(3), E and F.