Whenever any subdivision of land is proposed to be made 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 following procedures.
[Amended 4-21-2015 by L.L. No. 3-2015]
A.
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Zoning Board of Appeals/Planning Board at least 10 days 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, § 102-19, for the purposes of classification and preliminary discussion.
B.
Discussion of requirements and classification.
(1)
The subdivider or his duly authorized representative shall attend
the meeting of the Zoning Board of Appeals/Planning Board to discuss
the requirements of this chapter 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 Zoning Board of Appeals/Planning Board as to whether it is a minor or major subdivision as defined in this chapter. 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 the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in Article III, § 102-5. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ 102-6, 102-7 and 102-8.
C.
Study of sketch plan. The Zoning Board of Appeals/Planning Board
shall determine whether the sketch plan meets the purposes of this
chapter and shall, where it deems it necessary, make specific recommendations
in writing to be incorporated by the applicant in the next submission
to the Zoning Board of Appeals/Planning Board.
[Amended 5-19-1992 by L.L. No. 1-1992; 4-21-2015 by L.L. No. 3-2015]
A.
Application and fee.
(1)
Within six months after classification of the sketch plan as a minor subdivision by the Zoning Board of Appeals/Planning Board, the subdivider shall submit an application for approval of a subdivision plat. Failure to do so shall require resubmission of the sketch plan to the Zoning Board of Appeals/Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan plus any recommendations made by the Zoning Board of Appeals/Planning Board. Said application shall also conform to the requirements listed in Article V, § 102-20A.
(2)
All applications for plat approval for minor subdivisions shall be
accompanied by a fee of $25 plus the actual costs incurred by the
village for engineering and other similar services deemed necessary
for the proper evaluation of the application.
B.
Number of copies. Five copies of the subdivision plat shall be presented
to the Secretary of the Zoning Board of Appeals/Planning Board at
least 10 days prior to a scheduled monthly meeting of the Zoning Board
of Appeals/Planning Board.
C.
Subdivider to attend Zoning Board of Appeals/Planning Board meeting.
The subdivider or his duly authorized representative shall attend
the meeting of the Zoning Board of Appeals/Planning Board to discuss
the subdivision plat.
D.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Zoning Board of Appeals/Planning Board at least 10 days prior to which the application for plat approval, complete and accompanied by the required fee and all data required by Article V, § 102-20, has been filed with the Secretary of the Zoning Board of Appeals/Planning Board.
E.
Public hearing. A public hearing shall be held by the Zoning Board
of Appeals/Planning Board within 30 days from the time of submission
of the subdivision plat for approval. Said hearing shall be advertised
in a newspaper of general circulation in the village at least five
days before such hearing.
F.
Action on subdivision plat. The Zoning Board of Appeals/Planning
Board shall, within 60 days from the date of the public hearing, approve,
modify and approve or disapprove the subdivision plat.
[Amended 5-19-1992 by L.L. No. 1-1992; 4-21-2015 by L.L. No. 3-2015]
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, § 102-21 hereof. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 7-726 and 7-728 of the Village Law and Article V, § 102-21 of this chapter, except where a waiver may be specifically authorized by the Zoning Board of Appeals/Planning Board.
(2)
The application for conditional approval of the preliminary plat
shall be accompanied by a fee of $100 plus the actual costs incurred
by the village for engineering and other similar services deemed necessary
for the proper evaluation of the application.
B.
Number of copies. Five copies of the preliminary plat shall be presented
to the Secretary of the Zoning Board of Appeals/Planning Board at
least 10 days prior to a regular monthly meeting of the Zoning Board
of Appeals/Planning Board.
C.
Subdivider to attend Zoning Board of Appeals/Planning Board meeting.
The subdivider or his duly authorized representative shall attend
the meeting of the Zoning Board of Appeals/Planning Board to discuss
the preliminary plat.
D.
Study of preliminary plat.
(1)
The Zoning Board of Appeals/Planning 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 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.[1]
(2)
The Zoning Board of Appeals/Planning Board, in reviewing a preliminary
plat, shall attempt to avoid excessive community expenditures by the
village because of necessary community improvements. This applies
particularly to improvements, not only viewing them as capital expenditures
by the municipality but also taking into consideration excessive operating
expenditures, such as school bus operation, police and fire protection,
etc. The Zoning Board of Appeals/Planning Board shall avoid approval
of premature subdivisions in light of orderly community development.
E.
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date of the regular monthly meeting of the Zoning Board of Appeals/Planning Board at least 10 days prior to which the application for conditional approval of the preliminary plat, complete and accompanied by the required fee and all data required by Article V, § 102-21, has been filed with the Secretary of the Zoning Board of Appeals/Planning Board.
F.
Conditional approval of the preliminary plat.
(1)
Within 60 days after the time of submission of a preliminary plat,
the Zoning Board of Appeals/Planning Board shall take action to conditionally
approve, with or without modifications, or disapprove such preliminary
plat, and the ground of any modification required or the ground for
disapproval shall be stated upon the records of the Zoning Board of
Appeals/Planning Board. Failure of the Zoning Board of Appeals/Planning
Board to act within such sixty-day period shall constitute a conditional
approval of the preliminary plat.
(2)
When granting conditional approval to a preliminary plat, the Zoning
Board of Appeals/Planning Board shall state the conditions of such
approval, if any, with respect to the specific changes which it will
require in the preliminary plat, 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, and the amount of improvement or the amount
of all bonds therefor which it will require as prerequisite to the
approval of the subdivision plat. The action of the Zoning Board of
Appeals/Planning Board plus any conditions attached thereto shall
be noted on three copies of the preliminary plat. One copy shall be
returned to the subdivider, one retained by the Zoning Board of Appeals/Planning
Board and one forwarded to the Village Board. Conditional approval
of a preliminary plat 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 plat as a guide to the preparation
of the plat, which will be submitted for approval of the Zoning Board
of Appeals/Planning Board and for recording upon fulfillment of the
requirements of this chapter and the conditions of the conditional
approval, if any. Prior to approval of the subdivision plat, the Zoning
Board of Appeals/Planning Board may require additional changes as
a result of further study of the subdivision in final form or as a
result of new information obtained at the public hearing.
A.
Application for approval and fee. The subdivider shall, within six
months after the conditional approval of the preliminary plat, file
with the Zoning Board of Appeals/Planning Board an application for
approval of the subdivision plat in final form, using the approved
application blank available from the Secretary of the Zoning Board
of Appeals/Planning Board. All applications for plat approval for
major subdivisions shall be accompanied by a fee of $100 plus $20
per lot plus the actual costs incurred by the village for engineering
and other similar services deemed necessary for the proper evaluation
of the application. If the final plat is not submitted within six
months after the conditional approval of the preliminary plat, the
Zoning Board of Appeals/Planning Board may refuse to approve the final
plat and require resubmission of the preliminary plat.
[Amended 5-19-1992 by L.L. No. 1-1992; 4-21-2015 by L.L. No. 3-2015]
B.
Number of copies. A subdivider intending to submit a proposed subdivision
plat for the approval of the Zoning Board of Appeals/Planning Board
shall provide the Secretary of the Board with a copy of the application
and three copies (one copy in ink on linen or plastic reproducible
material) of the plat, the original and one true copy of all offers
of cession, covenants and agreements and two prints of all construction
drawings at least 10 days in advance of the regular monthly Zoning
Board of Appeals/Planning Board meeting at which it is to be officially
submitted.
[Amended 4-21-2015 by L.L. No. 3-2015]
C.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Zoning Board of Appeals/Planning Board at least 10 days prior to which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by Article V, § 102-22, has been filed with the Secretary of the Zoning Board of Appeals/Planning Board. In addition, if the applicant elects to construct any or all required improvements as specified in Article III, § 102-8A(2), the Village Engineer must file a certificate with the Zoning Board of Appeals/Planning Board stating that these improvements have been satisfactorily installed before the subdivision plat shall be considered officially submitted.
[Amended 4-21-2015 by L.L. No. 3-2015]
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 Albany County Department of Health. Applications
for approval of plans for sewer or water facilities will be filed
by the subdivider with all necessary village, county and state agencies.
Endorsement and approval by the Albany County Department of Health
shall be secured by the subdivider before official submission of subdivision
plat.
E.
Public hearing. A public hearing shall be held by the Zoning Board
of Appeals/Planning Board within 30 days after the time of submission
of the subdivision plat for approval. This hearing shall be advertised
in a newspaper of general circulation in the village at least five
days before such hearing.
[Amended 4-21-2015 by L.L. No. 3-2015]
F.
Action on proposed subdivision plat. The Zoning Board of Appeals/Planning Board shall, within 60 days from the date of the public hearing on the subdivision plat, approve, modify and approve or disapprove the subdivision plat. However, the subdivision plat shall not be signed by the authorized officers of the Zoning Board of Appeals/Planning Board for recording until the subdivider has complied with the provisions of § 102-8 of this article.
[Amended 5-19-1992 by L.L. No. 1-1992; 4-21-2015 by L.L. No. 3-2015]
[Amended 5-19-1992 by L.L. No. 1-1992; 4-21-2015 by L.L. No. 3-2015]
A.
Improvements and performance bond. Before the Zoning Board of Appeals/Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1) or Subsection A(2) below:
(1)
In an amount set by the Zoning Board of Appeals/Planning Board, the
subdivider shall either file with the Village Clerk a certified check
to cover the full cost of the required improvements or 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 Board and Village Engineer as to form, sufficiency, manner
of execution and surety. A period of one year (or such other period
as the Zoning Board of Appeals/Planning Board shall 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 Zoning Board of Appeals/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 Village Engineer
as to form, sufficiency, manner of execution and surety.
B.
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
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 Zoning Board of Appeals/Planning
Board, authorize modifications, provided that these modifications
are within the spirit and intent of the Zoning Board of Appeals/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
Zoning Board of Appeals/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 pay to
the Village Clerk the inspection fee required by the Village Board
and 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 Zoning Board of Appeals/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,
Building Inspector and Zoning Board of Appeals/Planning Board. The
Village Board then shall notify the subdivider and, if necessary,
the bonding company and take all necessary steps to preserve the village
rights under the bond. No plat shall be approved by the Zoning Board
of Appeals/Planning Board as long as the subdivider is in default
on a previously approved plat.
[Amended 4-21-2015 by L.L. No. 3-2015]
A.
Final approval and filing. Upon completion of the requirements in §§ 102-7 and 102-8 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 officer of the Zoning Board of Appeals/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 Zoning Board of Appeals/Planning Board to act shall become null and void unless the particular circumstances of said applicant warrant the Zoning Board of Appeals/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 Zoning Board of Appeals/Planning Board and endorsed
in writing on the plat unless the said plat is first resubmitted to
the Zoning Board of Appeals/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.
[Amended 4-21-2015 by L.L. No. 3-2015]
A.
Public acceptance of streets. The approval by the Zoning Board of
Appeals/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 Zoning Board of Appeals/Planning Board shall require
the plat to be endorsed with appropriate notes to this effect. The
Zoning Board of Appeals/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.
