[Amended 3-20-2000 by L.L.
No. 1-2000]
Whenever any subdivision of land is proposed, before entering into 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 owner of
the lands, or his or her authorized agent, shall apply for and secure approval
of the proposed subdivision in accordance with the procedures set forth in
this chapter.
A.
Discussion of requirements and classification.
(1)
Before preparing the preliminary plat, the applicant
shall discuss with the Village Board or its representatives the requirements
of land, street improvements, drainage, sewerage, water, fire protection and
similar aspects, as well as the availability of existing services.
(2)
Classification of the proposed preliminary plat is to
be made at this time by the Village Board as to whether it is a minor or major
subdivision, as defined in these regulations. The Village 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 in these regulations.
B.
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 plat. The application shall be filed at
least two weeks before the next regularly scheduled Village Board meeting
and shall:
[Amended 6-4-2001 by L.L.
No. 4-2001]
(1)
Include a description of all land which the applicant
proposes to subdivide, as well as all lands owned by the applicant adjacent
to the area proposed for subdivision.
(2)
Be accompanied by 12 copies of the preliminary plat, as described in Article VI, § 140-17, of these regulations.
[1]
Editor's Note: This local law provided that it shall apply to all subdivision applications filed after its effective date and, so long as the applicant on any pending application does not make any objection, within 30 days after notice is mailed to the applicant advising of its enactment, to its application to the pending application. If an objection is timely made by an applicant to a pending application, the application shall proceed in accordance with Chapter 140 as it existed prior to this local law.
(3)
Comply in all respects with Article IV of these regulations and with the provisions of the Village Law, except where a modification may be specifically authorized by the Village Board.
(4)
Be accompanied by a fee in such amount as shall, from
time to time, be established by resolution of the Village Board.
(6)
Be accompanied by such other documents, maps and/or other
information as the Planning Board or Village Board may request.
(7)
Before an application may be considered complete, the
applicant shall submit:
(a)
Certificates or other evidence as to the adequacy of
the proposed water system and or sewage system by the Onondaga County Department
of Health or such other agencies as shall have jurisdiction; and
[2]
Editor's Note: This local law provided that it shall apply to all subdivision applications filed after its effective date and, so long as the applicant on any pending application does not make any objection, within 30 days after notice is mailed to the applicant advising of its enactment, to its application to the pending application. If an objection is timely made by an applicant to a pending application, the application shall proceed in accordance with Chapter 140 as it existed prior to this local law.
C.
Study of the preliminary plat. The application will be
forwarded by the Village Board to the Planning Board. The Planning Board will
carefully study the practicability of the preliminary plat, taking into consideration
the requirements of the community, the best use of the land being subdivided,
and the requirements of this chapter. Particular attention will be given to
the arrangement, location and width of streets, their relation to the topography
of the land, sewerage disposal, drainage, lot sizes and arrangement, the future
development of adjoining land and the requirements of the Comprehensive Plan,
if any, and the Official Map, as they may be adopted.
[Amended 3-20-2000 by L.L.
No. 1-2000]
D.
Submission to County Planning Agency. A preliminary plat
of a subdivision showing proposed new streets or building sites having frontage
on, access to or otherwise directly related to any county road shown on any
County Official Map shall be submitted to the Onondaga County Planning Agency
for review as provided by § 239-f of the General Municipal Law,
and such application and preliminary plat shall be forwarded to the Onondaga
County Planning Agency if otherwise required by the General Municipal Law.
[Amended 3-20-2000 by L.L.
No. 1-2000; 6-4-2001 by L.L.
No. 4-2001]
E.
Applicant to attend Planning Board meeting. The applicant
shall attend the next regular meeting of the Planning Board and any subsequent
meetings deemed necessary by the Chairman of the Planning Board to discuss
the preliminary plat.
F.
Required changes for conditional approval. Within 120
days after the time of submission of a preliminary plat, the Planning Board
shall take action to recommend the Village Board to conditionally approve,
with or without modifications or conditions, or disapprove such preliminary
plat, and the ground for disapproval shall be stated upon the records of the
Planning Board.
[Amended 3-20-2000 by L.L.
No. 1-2000]
G.
After receipt of a complete application and the receipt
of the Planning Board's recommendation, but before the Village Board acts
on the application for preliminary plat approval, it shall conduct a public
hearing on the application for approval of the preliminary plat. The hearing
shall be coordinated with any hearing scheduled pursuant to the State Environmental
Quality Review Act. If the Village Board determines that an environmental
impact statement is not required, the public hearing shall be held within
120 days after the Village Board receives a complete application and plat
and the Planning Board's recommendation. If the Village Board determines an
environmental impact statement is required, and a public hearing on the draft
environmental impact statement is held, the public hearing on the preliminary
plat and on the draft environmental impact statement shall be jointly held
within 120 days after the filing by the Village of the notice of completion
of the draft environmental impact statement, or receipt of the Planning Board's
recommendation, or the date a complete application is received, whichever
is later. Notice of the public hearing shall be advertised once in an official
newspaper of the Village at least 10 days prior to the hearing.
[3]
Editor's Note: This local law provided that it shall apply to all subdivision applications filed after its effective date and, so long as the applicant on any pending application does not make any objection, within 30 days after notice is mailed to the applicant advising of its enactment, to its application to the pending application. If an objection is timely made by an applicant to a pending application, the application shall proceed in accordance with Chapter 140 as it existed prior to this local law.
H.
Within 120 days of the close of the public hearing, the
Village Board shall approve, with or without modifications or conditions,
or disapprove the preliminary plat, and the grounds for a disapproval shall
be stated upon the records of the Village Board. When so approving a preliminary
plat, the Village Board shall state the modifications or conditions, if any,
as it deems necessary for the submission of the final plat. Within 20 days
of the approval of such preliminary plat, the decision of the Village Board
shall be filed with the Village Clerk.
[4]
Editor's Note: This local law provided that it shall apply to all subdivision applications filed after its effective date and, so long as the applicant on any pending application does not make any objection, within 30 days after notice is mailed to the applicant advising of its enactment, to its application to the pending application. If an objection is timely made by an applicant to a pending application, the application shall proceed in accordance with Chapter 140 as it existed prior to this local law.
I.
The Village Board, in its sole discretion, on its own motion or at the request of the applicant, may approve, with or without modifications or conditions, a preliminary plat meeting the requirements of § 140-18 below as a final plat and waive the requirement for the applicant to file an application for the approval of a final plat. In the event the Village Board so elects to approve the preliminary plat as a final plat:
(1)
The applicant shall not be required to file an application
for final plat approval;
(2)
No additional hearing will be held;
(3)
No further referral to the Planning Board shall be required;
(4)
The final plat, containing all required endorsements, together with all documents required by § 140-7 below shall be submitted to the Mayor for his signature within 120 days of such approval (and if not timely submitted, the Village Board may revoke its approval, in which event such approval shall be of no further force or effect;
[5]
Editor's Note: This local law provided that it shall apply to all subdivision applications filed after its effective date and, so long as the applicant on any pending application does not make any objection, within 30 days after notice is mailed to the applicant advising of its enactment, to its application to the pending application. If an objection is timely made by an applicant to a pending application, the application shall proceed in accordance with Chapter 140 as it existed prior to this local law.
J.
Unless final approval has been granted pursuant to § 140-5I above, within six months of the approval of the preliminary plat, the applicant shall submit the plat in final form, or a section of the preliminary plat as permitted in § 140-6J, together with final offers of cession of all sewers, drainage facilities, water lines, mains and facilities, and all land included in streets, easements, parks or other public areas deemed acceptable by the Village Board.
[Added 6-4-2001 by L.L. No.
4-2001]
K.
If a final plat for the entire subdivision, or of a section thereof as permitted by § 140-6J below, is not submitted within six months of the approval, with or without modifications or conditions, of the preliminary plat, the approval of the preliminary plat may be revoked by the Village Board, in which event such approval shall be of no further force or effect.
[Added 6-4-2001 by L.L. No.
4-2001]
A.
Application procedure. Unless the preliminary plat has been approved by the Village Board as a final plat pursuant to § 140-5I above, within six months of the approval, with or without conditions or modifications, of the preliminary plat, the applicant shall file with the Village Clerk an application for approval of a final plat. By filing an application, the applicant agrees to comply with all the provisions of this chapter. The application shall:
(1)
Be on forms, if any, provided by the Village Clerk.
(5)
Be accompanied by the required application fee and comply
in all respects with the preliminary plat as approved with or without modifications
or conditions.
(7)
Be presented to the Mayor at least two weeks prior to
a regular meeting of the Village Board in order that a public hearing may
be scheduled and the required notice given.
[1]
Editor's Note: This local law provided that it shall apply to all subdivision applications filed after its effective date and, so long as the applicant on any pending application does not make any objection, within 30 days after notice is mailed to the applicant advising of its enactment, to its application to the pending application. If an objection is timely made by an applicant to a pending application, the application shall proceed in accordance with Chapter 140 as it existed prior to this local law.
B.
Official submittal date. The subdivision plat shall be
considered officially submitted only at the regular meeting of the Village
Board at which the Village Board determines all required documentation and
information has been received and the applicant has completed the application
procedure outlined above.
[Added 3-20-2000 by L.L.
No. 1-2000]
C.
Endorsements. The application shall ensure that the proposed
subdivision plat shall be properly endorsed by the authority having jurisdiction
as meeting the standards of the State Sanitary Code, Public Health Law, Environmental
Conservation Law or other applicable health codes, before any public hearing
is scheduled. The plat should be in final form before such approval.
D.
The Village Board shall forward the subdivision plat
to the Planning Board, which shall, within 120 days of its receipt of the
subdivision plat, recommend approval or disapproval of the subdivision plat.
If the Planning Board recommends disapproval, it shall set forth its reasons
for the recommendation of disapproval. The Village Board may waive the requirement
that the application for a final plat be forwarded to the Planning Board if
the Village Board finds the final plat (for the entire subdivision or for
the section thereof for which final plat approval is requested) contains no
substantial changes from the preliminary plat, as approved, and the conditions
and/or modifications, if any, required in the approval of the preliminary
plat have been complied with.
[2]
Editor's Note: This local law provided that it shall apply to all subdivision applications filed after its effective date and, so long as the applicant on any pending application does not make any objection, within 30 days after notice is mailed to the applicant advising of its enactment, to its application to the pending application. If an objection is timely made by an applicant to a pending application, the application shall proceed in accordance with Chapter 140 as it existed prior to this local law.
E.
County Official Map notification. The Village Board shall
also notify the Onondaga County Planning Agency if the subdivision plat proposes
structures or new streets having frontage on, access to or are otherwise directly
related to any county road, existing or proposed, as shown on the County Official
Map, or if the Onondaga County Planning Agency is otherwise entitled to notice
under the General Municipal Law.
[Amended 3-20-2000 by L.L.
No. 1-2000]
F.
Public hearing. Before the Village Board acts on any subdivision plat, it shall hold a public hearing in accordance with the Village Law, which hearing shall be coordinated with any hearing scheduled pursuant to the State Environmental Quality Review Act and/or Chapter 63 of this Code. The Village Board may waive the requirement of this hearing if a hearing was held on a preliminary plat and no substantial changes have been made to the preliminary plat as approved, with or without conditions.
[Amended 3-20-2000 by L.L.
No. 1-2000; 6-4-2001 by L.L.
No. 4-2001]
G.
Action on proposed final plat. The Village Board shall,
by resolution, either disapprove or approve, with or without modifications
or conditions, and authorize the signing of a final plat within 120 days after
submission of the completed application for final plat approval, or 120 days
after the close of the public hearing, if any, whichever is later. The grounds
of refusal of any final plat application shall be stated upon the records
of the Village Board.
[3]
Editor's Note: This local law provided that it shall apply to all subdivision applications filed after its effective date and, so long as the applicant on any pending application does not make any objection, within 30 days after notice is mailed to the applicant advising of its enactment, to its application to the pending application. If an objection is timely made by an applicant to a pending application, the application shall proceed in accordance with Chapter 140 as it existed prior to this local law.
H.
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 Village 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 Village Board shall institute
proceedings to have said plat stricken from the records of the County Clerk.
I.
Signing of plat.
(1)
Every subdivision plat submitted to the Village Board
for its approval shall carry the following endorsement:
[Amended 3-20-2000 by L.L.
No. 1-2000]
|
"Approved by resolution of the Village Board of the Village of Minoa,
New York, on the ________ day of ______________, subject to all requirements
and conditions of that resolution. Any change, erasure, modification or revision
of this plat, as approved, shall void this approval. If this plat is not filed
in the Onondaga County Clerk's office within 62 days of the date of this approval,
this approval shall be null and void. Signed this ________ day of ______________,
by
| ||
|
Village of Minoa
By:
____________________________
Mayor"
| ||
(2)
The above endorsement shall be signed by the Mayor or,
in his or her absence, by the Deputy Mayor. If there is a County Official
Map, such endorsement shall stipulate that the plat does not conflict with
the County Official Map or, in cases where the plat does front on or have
access to or is otherwise related to roads or drainage systems shown on the
County Map, that the plat has been approved by the County Planning Agency
in the manner specified by § 239-f of the General Municipal Law.
[Amended 6-4-2001 by L.L.
No. 4-2001]
J.
Approval of final plats in sections.
(1)
In granting conditional or final approval of a final
plat, the Village Board may permit the final plat to be subdivided and developed
into two or more sections and may, in its resolution granting conditional
or final approval to any such section, state that such requirements and improvements
(within or outside of the section for which final plat approval is requested)
as it deems necessary to insure the orderly development of the plat be completed
before the final plat on said section may be signed by the duly authorized
officer of the Village Board. Conditional or final approval of the sections
of a final plat maybe granted concurrently with conditional or final approval
of the entire plat, subject to any conditions imposed by the Village Board.
(2)
When a final plat is approved in sections, as permitted
above, the following shall apply:
(a)
The provisions of this chapter related to approval of final plats, including but not limited to § 140-7, shall apply to the section(s) for which final plat approval is sought;
(b)
Only the final plat for the section which is approved
shall be filed in the Onondaga County Clerk's office;
(c)
An application for approval of a section within six months of the approval of the preliminary plan shall be deemed to satisfy the six-month requirement set forth in § 140-6A above; and
(d)
If final plat approval for the entire subdivision, as
shown on the approved preliminary plat, is not granted, in sections, within
10 years of the approval of the preliminary plat, the Village Board may revoke
its approval of those sections of the preliminary plan which have not received
final plat approval, in which event the approval of the preliminary plan shall
be of no further force or effect.
[4]
Editor's Note: This local law also redesignated former Subsection
J as Subsection K.
K.
Supersession of Village Law. The provisions of this Chapter 140, including but not limited to the time periods established by §§ 140-5 and 140-6, are established pursuant to the authority granted in § 10, Subdivision 1(ii)e(3), of the Municipal Home Rule Law, and are intended to replace and supersede any inconsistent provisions set forth in Article 7 of the Village Law.
[Added 3-20-2000 by L.L.
No. 1-2000]
A.
Improvements and performance bond or other security.
Prior to an action by the Village Board approving a subdivision plat, the
applicant shall be required to complete, in accordance with the Village Board's
decision and to the satisfaction of the appropriate Village department, all
the street, sanitary and other improvements specified in the action approving
the plat or, as an alternative, to file with the Village Board a performance
bond or other security in an amount estimated by the Village Board to secure
to the Village the satisfactory construction and installation of the uncompleted
portion of the required improvements. A period of one year, or such other
period as the Village Board may determine appropriate, within which required
improvements must be completed shall be specified by the Village Board and
expressed in the bond or other security. Such performance bond or other security
shall comply with the requirements of the Village Law and shall be satisfactory
to the Village Attorney as to form, sufficiency and manner of execution. The
bond or other security shall be retained for a period of one year after the
date of completion of the required improvements to assure their satisfactory
condition. All required improvements shall be made at the applicant's expense
without reimbursement by the Village. The improvements shall include but not
be limited to the following:
(1)
Streets and street lighting facilities.
(2)
Street signs.
(3)
Curbs and gutters.
(4)
Grass curb strips.
(5)
Sidewalks.
(6)
Street shade trees.
(7)
Monuments.
(8)
Stormwater runoff system.
(9)
Sanitary sewage collection system.
(10)
Water supply system.
(11)
Park and recreation facilities.
(12)
Electrical, telephone and utility lines.
(13)
Plantings and ground cover.
[1]
Editor's Note: This local law provided that it shall apply to all subdivision applications filed after its effective date and, so long as the applicant on any pending application does not make any objection, within 30 days after notice is mailed to the applicant advising of its enactment, to its application to the pending application. If an objection is timely made by an applicant to a pending application, the application shall proceed in accordance with Chapter 140 as it existed prior to this local law.
B.
Inspection of improvements. The Village Engineer shall
act as agent to the Village Board for the purpose of assuring the satisfactory
completion of improvements required by the Village 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 Village Board or Village Engineer finds, upon inspection, that
any of the required improvements have not been constructed in accordance with
Village Board recommendations or the approved construction detail sheet, the
applicant and the bonding company will be severally and jointly liable for
the costs of completing said improvements according to specifications.
C.
Offers of cession and release. The plat shall be endorsed
with the necessary agreements in connection with required easements or releases.
Offers of dedication to the Village shall be presented prior to plat approval.
(1)
Formal offers of dedication to the Village of all streets
and parks, not marked on the plat with notation to the effect that the dedication
will not be offered, shall be filed with the Village Board prior to plat approval.
If the plat does not contain a notation to the effect that no offer of dedication
of the streets, highways or parks or any of them is made to the public, the
filing of the plat in the office of the County Clerk shall constitute a continuing
offer of dedication of the streets, highways or parks or any of them to the
public and the offer may be accepted by the Board of Trustees at any time
prior to revocation of the withdrawal of the application.
[Amended 3-20-2000 by L.L.
No. 1-2000]
(2)
Before final approval of the subdivision plat, the Village
Board: will require a certificate of approval from the Village Attorney as
to the legal sufficiency of the offers of cession or dedication by the subdivider
of the areas for public use; and may require the owner to enter into an agreement
under which the owner agrees to provide the Village with deed, easements and
other documents necessary to convey all sewer and water facilities, etc.,
to the Village, title insurance, and which agreement shall contain such other
provisions as the Village Board shall deem appropriate. The costs of such
review and the costs of all title insurance, surveys, recording fees, abstract
charges, etc., shall be paid by the applicant.
[Amended 3-20-2000 by L.L. No. 1-2000]
[Amended 3-20-2000 by L.L. No. 1-2000]
Upon completion of all requirements set forth in the action approving
the subdivision plat 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 Village Board and may be filed by the applicant
in the office of the Onondaga County Clerk. Any subdivision plat not so filed
and recorded within 62 days of the date upon which said plat is approved shall
become null and void. Prior to receiving any building permit on any lot within
the subdivided land, the applicant shall provide the Village Clerk with a
copy of the plat certified by the County Clerk as to being the true and certified
copy of the plat on file in the county office, showing the plat was filed
within 62 days of approval.
For a resubdivision, the same procedure, rules and regulations apply
as for a subdivision.
[Amended 3-20-2000 by L.L. No. 1-2000]
The approval of the Village 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 the plat. The Village Board
may require the plat to be endorsed with appropriate notes to this effect.
If the Village Board determines that a suitable park or parks of adequate
size cannot be properly located or are otherwise not practical, the Board
may require as a condition to approval of the plat a payment to the Village
of a sum, in an amount established by the Village Board. Those funds shall
be used by the Board of Trustees exclusively for neighborhood park, playground
or recreation purposes, including the acquisition of property. The Village
Board may require the filing of a written agreement between the applicant
and the Board of Trustees covering future title, dedication and provision
for the cost of title insurance, grading, development, equipment and maintenance
of any park, playground area or street.
[Amended 3-20-2000 by L.L. No. 1-2000]
