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.
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 V, § A122-18, for the purposes of classification and preliminary discussion. In addition to any of the requirements of Article V, § A122-17, all proposals shall comply with all applicable provisions of Local Law No. 3-1979, Floodplain Management Requirements.[1]
[Amended 6-13-1979 by L.L. No. 3-1979]
B.
Preliminary discussion of requirements and classification.
(1)
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.
(2)
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 classified and approved as a minor subdivision, the subdivider shall then comply with the procedure outlined in Article III, § A122-5, of these regulations. If classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ A122-6, A122-7 and A122-8.
C.
Review and suggestions. 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.
D.
A nonrefundable presubmission fee of $25 is required.
[Added 10-20-1986 by L.L. No. 2-1986]
A.
Application and fee.
(1)
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 V, § A122-19.
(2)
Fee.
[Amended by the Planning Board 4-5-1967, approved by Board of Trustees 5-1-1967; amended 10-8-1986 by L.L. No.
1-1986]
(b)
A bond or cash equivalent in the amount of $500 will be posted.
The applicant will pay all expenses incurred by the Village, including
but not limited to professional fees and relevant advertising of public
hearings.
(c)
[Added 4-6-1998 by L.L. No. 2-1998] Parkland fees shall
be as follows:
[3]
Said parkland fee amount may be reduced to $1,000 per lot or
dwelling unit, at the discretion of the Village Board, if active parkland
facilities are constructed on site with a value equal to or greater
than $1,000 per residential building lot or dwelling unit served by
said facilities, as calculated by the Village Engineer.
B.
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.
C.
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.
A.
Application and fees.
[Amended by the Planning Board 4-5-1967, approved by the Board of Trustees 5-1-1967; amended 10-8-1986 by L.L. No.
1-1986]
(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 layout of the proposed subdivision, in the form described in Article V, § A122-20, hereof. The preliminary layout shall, in all respects, comply with the requirements set forth in the provisions of § 7-728 of the Village Law of the State of New York and Article V, § 122-20, of these regulations, except where a waiver may be specifically authorized by the Planning Board.[1]
(2)
Fees.
(a)
The application shall be accompanied by a fee of $300, plus
$50 per lot for each lot in the proposed subdivision. A Bond or cash
equivalent in the amount of $1,000 will be posted. The applicant will
pay all expenses incurred by the Village, including but not limited
to professional fees and relevant, advertising of public hearings.
If the subdivider subsequently elects not to file an application for
approval of a subdivision plat, 1/2 of the fee shall be returned.
(b)
Parkland fees shall be as follows:
[Added 4-6-1998 by L.L. No. 2-1998]
[3]
Said parkland fee amount may be reduced to $1,000 per lot or
dwelling unit, at the discretion of the Village Board, if active parkland
facilities are constructed on site with a value equal to or greater
than $1,000 residential building lot or dwelling unit served by said
facilities, as calculated by the Village Engineer.
B.
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.
C.
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.
D.
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.[2]
E.
Conditional approval; disapproval; procedure.
(1)
Following review of the preliminary layout, the Planning Board shall,
within 30 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, with respect to:
(a)
The specific changes which it will require in the preliminary
layout.
(b)
The character and extent of the required improvements for which
waivers may have been requested and which in its opinion may be waived
without jeopardy to the public health, safety, morals and general
welfare.
(c)
The amount of improvement or the amount of all bonds therefor
which it will require as a prerequisite to the approval of the subdivision
plat.
(2)
If the preliminary layout is disapproved, the Planning Board shall
express its disapproval and its reasons therefor.
(3)
The action of the Planning Board shall be noted on two copies of
the preliminary layout, referenced and attached to any conditions
determined. One copy shall be returned to the subdivider and the other
retained by the Planning Board. Conditional approval of a preliminary
layout shall not constitute approval of the subdivision plat, but
rather it shall be deemed an expression of approval of the design
submitted on the preliminary layout as a guide to the preparation
of the 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 conditional approval, if any.
Prior to approval of the subdivision plat, the Planning Board may
require additional changes as a result of further study of the subdivision
in final form.
A.
Application for approval. The subdivider shall, with six months after the conditional approval of the preliminary layout, file with the Planning Board an application for approval of, all or part of the proposed subdivision, using the approved application blank available from the Secretary of the Planning Board. (In other words, the subdivider may develop the subdivision in progressive stages instead of in its entirety; but no subdivision or portion thereof shall be considered unless it has frontage on a public street, or abuts at least one street on the Official Map, if such exists, which street shall be improved to the satisfaction of the Planning Board, or an approved street for which a bond has been filed under § A122-8A below.) Failure to submit a section of the plat within six months shall automatically cancel the conditional approval, unless extended by the Planning Board. Such extension shall be granted only if the proposed subdivision fully conforms to the zoning regulations in effect at the time such extension is applied for, or any zoning amendments pending at the time. Where plat approval is requested in sections, those sections subsequent to the first section shall be individually submitted for approval within a period of two years following the conditional approval of the preliminary layout. In the event that any section of the plat, other than the first one, has not been submitted for approval within the two-year period, then the conditional approval of the preliminary layout as it pertains to such remaining sections shall be automatically canceled, unless extended by the Board.
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 cessions, 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.
When officially submitted. The subdivision plat shall be considered officially submitted only when all the surveys, plans and data required in Article V hereof are submitted complete and in good form, together with the application and fee at a regular meeting of the Planning Board. In addition, if the applicant elects to construct any or all required improvements as specified in Article III, § A122-8A(2), the Village Engineer must file a certificate with the Planning Board stating that these improvements have been satisfactorily installed before the subdivision plat shall be considered officially submitted.
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 by the State Department of Health shall be
secured before official submission of the subdivision plat.
E.
Public hearing. Before the Planning Board will act on any subdivision
plat, it shall hold a public hearing thereon in accordance with § 7-728
of the Village Law. Notice of the hearing will be duly published,
and in addition will be mailed at least five days in advance of the
hearing to all persons as the Board may deem particularly affected.[1]
F.
Action on proposed subdivision plat. The Planning Board shall, within 62 days from the official submission date of the subdivision plat, approve or approve with modification or disapprove the subdivision plat. However, the subdivision plat shall not be signed by the authorized officers of the Board for recording until the subdivider has complied with the provisions of § A122-8 of this article.[2]
G.
Issuance of building permits. Notwithstanding the requirements of
the Zoning Ordinance[3] 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.
A.
Improvements and performance bonds. Before the Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1) or (2) below:
(1)
Filing of bond.
(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 § 7-730 of the Village Law 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 62 days of the approval granted in § A122-7F above, the plat shall be deemed disapproved.[1]
(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. Failing to do so, the Village
Board 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
said four-month-period or alternatively, 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 Village
Board that all required improvements have been completed to their
satisfaction.
(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,
there shall be submitted to the Village Board 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 Village
Board and Village Engineer as to form, sufficiency, manner of execution
and surety.
(3)
Regardless of whether the procedure in Subsection A(1) or (2) is followed, the following shall also 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 18 months following their completion. Any such bond
shall be satisfactory to the Village Board 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.
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 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.
D.
Inspection of improvements. The Village Board 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 Village Board
in writing of his intentions to proceed. If he does not so notify
the Village Board, he shall proceed at his own risk. Upon receipt
of a written request to proceed, the Village Board 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 Village Board shall assign an inspector to assure such satisfactory
completion. The developer shall pay the Village Board, prior to its
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 the plans and specifications
filed by the subdivider, he shall so report to the Village Board,
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.
A.
Final approval and filing (§ 7-728 of the Village Law). Upon completion of the requirements in § A122-8 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 90 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.[1]
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, 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 Village Board covering future deed and title, dedication and provision
for the cost of grading, development, equipment and maintenance of
any such recreation area.
