Village of Caledonia, NY
Livingston County
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Table of Contents
Table of Contents
Whenever any subdivision of land is proposed 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 procedures hereinafter specified.
A. 
Prior to submitting a final plat application for a minor subdivision or a preliminary plat application for a major subdivision, the subdivider may submit a sketch plan for informal review by the Planning Board. The sketch plan should show the location of the subdivision, all existing structures, wooded areas, significant physical features, available utilities and the proposed pattern of lots, drainage and sewer and water facilities.
B. 
The Planning Board shall determine whether the sketch plan meets the purposes of this chapter and shall inform the subdivider of the necessary action he should take in meeting the requirements of this chapter.
A. 
Application and fee.
(1) 
Any owner of land shall, prior to subdividing or resubdividing land for a minor subdivision, submit an application for approval of a subdivision plat to the Secretary of the Planning Board at least 10 days prior to the next regularly scheduled meeting of the Planning Board. The plat shall conform to the requirements listed in Article V, § 186-22A.
(2) 
All applications for plat approval for minor subdivisions shall be accompanied by a fee in an amount as shall be set forth from time to time by resolution of the Board of Trustees and as indicated on a fee schedule on file in the office of the Village Clerk.
B. 
Number of copies. The subdivider shall submit five copies of the plat.
C. 
Subdivider to attend Planning Board meeting. The subdivider or his duly authorized representatives shall attend the meeting of the Planning Board to discuss the subdivision plat.
D. 
Public hearing. A public hearing shall be held by the Planning Board after submission of the subdivision plat for approval. Said hearing shall be advertised at least once in a newspaper of general circulation at least five days before such hearing, and a notice of hearing shall be posted in at least three prominent places at least five days before such hearing.
E. 
Action on subdivision plat. The Planning Board shall, within 62 days from the date of submission of the final plat, conditionally approve, disapprove or grant final approval and authorize the signing of such plat. The grounds of refusal shall be stated upon the records of the Planning Board.
A. 
Application and fee.
(1) 
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, § 186-23. 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, § 186-23, of this chapter, except where a waiver may be specifically authorized by the Planning Board.
(2) 
The application for review of the preliminary plat shall be accompanied by a fee in an amount as shall be set forth from time to time by resolution of the Board of Trustees and as indicated on a fee schedule on file in the office of the Village Clerk. The applicant must pay all village engineering, administrative and inspection costs.
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 regularly scheduled meeting of the Board.
C. 
Subdivider to attend Planning Board meeting. The subdivider or his duly authorized representatives shall attend the meeting of the Board to discuss the preliminary plat.
D. 
Study of preliminary plat. The 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; their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangements; the future development of the adjoining lands as yet unsubdivided; and the requirements of the Master Plan, the Official Map and zoning regulations, if such exist.
E. 
Action on preliminary plat. Within 62 days after the date of submission of the preliminary plat, the Board shall approve, with or without modifications, or disapprove such preliminary plat. The grounds of a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. When approving a preliminary plat, the Board shall state in writing such modifications, if any, as it deems necessary for submission of the plat in final form.
A. 
Application and fee. Within six months of the approval of the preliminary plat, the owner shall file with the Planning Board an application for approval of the subdivision plat in final form. All applications shall be accompanied by a fee in an amount as shall be set forth from time to time by resolution of the Board of Trustees and as indicated on a fee schedule on file in the office of the Village Clerk. The applicant must pay all village engineering, administrative and inspection costs. If the final plat is not submitted within six months of the approval of the preliminary plat, the Board may revoke the approval of the preliminary plat.
B. 
Number of copies. The subdivider shall provide the Secretary of the Board with a copy of the application and three copies (one in ink on linen or plastic) of the plat, plus the original and one true copy of all offers of cession, covenants and agreements and two prints of all construction drawings. These documents shall be submitted at least 10 days prior to the regularly scheduled meeting of the Board.
C. 
Endorsement of state and county agencies. Applications for approval of plans for sewer and water facilities will be filed by the subdivider with all necessary village, county and state agencies. Endorsement and approval by the Livingston County Department of Health shall be secured by the subdivider before official submission of the subdivision plat.
D. 
Public hearing. After the submission of a plat in final form, the Planning Board shall hold a public hearing, which shall be advertised at least once in a newspaper of general circulation in the village at least five days prior to the date of such hearing, and a notice of hearing shall be posted in at least three prominent places at least five days prior to the date of hearing.
E. 
Action on proposed subdivision plat. The Planning Board shall, by resolution, conditionally approve, conditionally approve with or without modifications, disapprove or grant final approval of the subdivision plat. The action shall be taken within 62 days of its receipt by the Secretary of the Board. The subdivision plat shall not be signed for recording until the subdivider has complied with the provisions of § 186-11 of this chapter.
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 A(2) below:
(1) 
In an amount set by the Board, the subdivider shall file with the Village Clerk either a certified check to cover the full cost of the required improvements or 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 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.
(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 and the 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 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 notify the Village Board, in writing, of the time when he proposes to commence construction of such improvements so that the Village Board 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, Code Enforcement Officer and Planning Board. The Village Board shall then 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 §§ 186-10 and 186-11 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 applicant 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 covering future deed and title, dedication and provision for the cost of grading, development, equipment and maintenance of any such recreation area.