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. The moving of any lot line (i.e., lot-line adjustment) shall be considered the subdivision of land and requires a special permit from the Planning Board pursuant to the procedures set forth in Article VII, Lot-Line Adjustment.
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 10 days prior to the regular meeting of the Board 10 copies of a sketch plan of the proposed subdivision which shall comply with the requirements of § 158-19 for the purpose of classification and preliminary discussion.
B.
Discussion of requirements and classification.
(1)
The subdivider, or his duly authorized agent, shall
attend the meeting of the 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 as a minor or major subdivision is to be made at this time by the Planning Board. The Board may require, however, when it deems it necessary for the protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements of a major subdivision. As a minor subdivision, the subdivider shall then comply with, as a minimum but not limited to, the procedures outlined in § 158-5 of this chapter. As a major subdivision, the subdivider shall then comply with the procedures outlined in §§ 158-5, 158-6 and 158-7.
C.
Study of sketch plan. The Planning Board shall determine
whether the sketch plan meets the purposes of this chapter and shall,
where it deems necessary, make specific recommendations, in writing,
to be incorporated by the applicant in the next submission to the
Planning Board.
D.
SEQR process. The SEQR process should also be initiated
at this time. The developer should be prepared to submit the appropriate
completed SEQR form for Board review.
A.
Application and fee. Within six months after classification of the sketch plan as a minor subdivision, the subdivider shall apply for approval of a subdivision plan. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall conform to the sketch plan, plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in § 158-20. All applications for plat approval for minor subdivisions shall be accompanied by the fees as set by resolution of the Board of Trustees from time to time.
B.
Number of copies. Five copies of the subdivision plat
shall be presented to the Secretary of the Planning Board at least
10 days prior to a scheduled monthly meeting of the Planning Board.
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.
D.
When officially submitted. The time of submission of the subdivision plat shall be considered the date that the application, accompanied by the required fees and all data required by § 158-20 of this chapter, is filed with the Secretary of the Planning Board.
E.
Action on subdivision plat.
(1)
Coordination with the State Environmental Quality
Review Act. The Planning Board shall comply with the provisions of
the State Environmental Quality Review Act under Article 8 of the
Environmental Conservation Law and its implementing regulations.
(2)
Receipt of a complete minor subdivision plat. A minor
subdivision plat shall not be considered complete until a negative
declaration has been filed or until a notice of completion of the
draft environmental impact statement has been filed in accordance
with the provisions of the State Environmental Quality Review Act.
The time periods for review of a minor subdivision plat shall begin
upon filing of such negative declaration or such notice of completion.
(3)
Public hearing; notice; decision.
(a)
Public hearing on minor subdivision plats. The
time within which the Planning Board shall hold a public hearing on
the minor subdivision plat shall be coordinated with any hearings
the Planning Board may schedule pursuant to the State Environmental
Quality Review Act, as follows:
[1]
If the Planning Board determines that the preparation
of an environmental impact statement on the minor subdivision plat
is not required, the public hearing on such plat shall be held within
62 days after the receipt of a complete minor subdivision plat by
the Secretary of the Planning Board; or
[2]
If the Planning Board determines that an environmental
impact statement is required, and a public hearing on the draft environmental
statement is held, the public hearing on the minor subdivision plat
and the draft environmental impact statement shall be held jointly
within 62 days after the filing of the notice of completion of such
draft environmental impact statement in accordance with the provisions
of the State Environmental Quality Review Act. If no public hearing
is held on the draft environmental impact statement, the public hearing
on the minor subdivision plat shall be held within 62 days of filing
the notice of completion.
(b)
Public hearing; notice, length. The hearing
on the minor subdivision plat shall be advertised at least once in
a newspaper of general circulation in the Village at least five days
before such hearing, if no hearing is held on the draft environmental
impact statement, or 14 days before a hearing held jointly therewith.
The Planning Board may provide that the hearing be further advertised
in such manner as it deems most appropriate for full public consideration
of the minor subdivision plat. The hearing on the minor subdivision
plat shall be closed upon motion of the Planning Board within 120
days after it has been opened.
(c)
Decision. The Planning Board shall approve,
with or without modification, or disapprove such minor subdivision
plat as follows:
[1]
If the Planning Board determines that the preparation
of an environmental impact statement on the minor subdivision plat
is not required, such Board shall make its decision within 62 days
after the close of the public hearing; or
[2]
If the Planning Board determines that an environmental
impact statement is required and a public hearing is held on the draft
environmental impact statement, the final environmental impact statement
shall be filed within 45 days following the close of such public hearing
in accordance with the provisions of the State Environmental Quality
Review Act. If no public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of the hearing on the minor
subdivision plat. Within 30 days of the filing of such final environmental
impact statement, the Planning Board shall issue findings on the final
environmental impact statement and make its decision on the minor
subdivision plat.
(d)
Grounds for decision. The grounds for modification,
if any, or the grounds for disapproval shall be stated upon the record
of the Planning Board. When so approving a minor subdivision plat,
the Planning Board shall state, in writing, any modifications it deems
necessary for final approval of the plat.
(4)
Certification and filing of minor subdivision plat.
Within five business days from the date of the adoption of the resolution
approving the minor subdivision plat, such plat shall be certified
by the Secretary of the Planning Board as having been granted approval,
and a copy of the plat and resolution shall be filed in the Secretary's
office. A copy of the resolution shall be mailed to the owner.
(5)
Filing of decision on minor subdivision plat. Within
five business days from the date of the adoption of the resolution
approving the minor subdivision plat, the Chairman or other duly authorized
member of the Planning Board shall cause a copy of such resolution
to be filed in the office of the Village Clerk.
(6)
The subdivider shall, within 62 days of receiving
such approval, file the minor subdivision plat in the office of the
County Clerk. Failure to so file shall result in revocation of such
approval.
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 § 158-21, hereof. 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 § 158-21, except where a written waiver may be authorized by the Planning Board.
(2)
The application for approval of the preliminary plat
for a major subdivision shall be accompanied by an application fee
as set by resolution of the Board of Trustees from time to time.
(3)
In addition, the application shall include a signed
agreement by the developer to pay the professional fees as set by
resolution of the Board of Trustees from time to time.
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 the regular monthly meeting of the Planning Board.
C.
Subdivider to attend Planning Board meeting. The subdivider,
or his duly authorized agent, shall attend the meeting of the Planning
Board to discuss the preliminary plat.
D.
Study of preliminary plat. The 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, environmental impact, the future development of adjoining lands and the requirements of the Comprehensive Plan, the Official Map and Chapter 180, Zoning.
E.
When officially submitted. The submission of the preliminary plat shall be considered the date the application, accompanied by the required fees and all data required by § 158-21, has been filed with the Secretary of the Planning Board.
F.
Action on preliminary subdivision plat.
(1)
Coordination with the State Environmental Quality
Review Act. The Planning Board shall comply with the provisions of
the State Environmental Quality Review Act under Article 8 of the
Environmental Conservation Law and its implementing regulations.
(2)
Receipt of a complete preliminary plat. A preliminary
plat shall not be considered complete until a negative declaration
has been filed or until a notice of completion of the draft environmental
impact statement has been filed in accordance with the provisions
of the State Environmental Quality Review Act. The time periods for
review of a preliminary plat shall begin upon filing of such negative
declaration or such notice of completion.
(3)
Public hearing; notice; decision:
(a)
Public hearing on preliminary plats. The time
within which the Planning Board shall hold a public hearing on the
preliminary plat shall be coordinated with any hearings the Planning
Board may schedule pursuant to the State Environmental Quality Review
Act, as follows:
[1]
If the Planning Board determines that the preparation
of an environmental impact statement on the preliminary plat is not
required, the public hearing on such plat shall be held within 62
days after the receipt of a complete preliminary plat by the Secretary
of the Planning Board; or
[2]
If the Planning Board determines that an environmental
impact statement is required and a public hearing on the draft environmental
statement is held, the public hearing on the preliminary plat and
the draft environmental impact statement shall be held jointly within
62 days after the filing of the notice of completion of such draft
environmental impact statement in accordance with the provisions of
the State Environmental Quality Review Act. If no public hearing is
held on the draft environmental impact statement, the public hearing
on the preliminary plat shall be held within 62 days of filing the
notice of completion.
(b)
Public hearing; notice, length. The hearing
on the preliminary plat shall be advertised at least once in a newspaper
of general circulation in the Village at least five days before such
hearings, if no hearing is held on the draft environmental impact
statement, or 14 days before a hearing held jointly therewith. The
Planning Board may provide that the hearing be further advertised
in such manner as it deems most appropriate for full public consideration
of the preliminary plat. The hearing on the preliminary plat shall
be closed upon motion of the Planning Board within 120 days after
it has been opened.
(c)
Decision. The Planning Board shall approve,
with or without modification, or disapprove such preliminary plat
as follows:
[1]
If the Planning Board determines that the preparation
of an environmental impact statement on the preliminary plat is not
required, such Board shall make its decision within 62 days after
the close of the public hearing; or
[2]
If the Planning Board determines that an environmental
impact statement is required and a public hearing is held on the draft
environmental impact statement, the final environmental impact statement
shall be filed within 45 days following the close of such public hearing
in accordance with the provisions of the State Environmental Quality
Review Act. If no public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of the hearing on the preliminary
plat. Within 30 days of the filing of such final environmental impact
statements, the Planning Board shall issue findings on the final environmental
impact statement and make its decision on the preliminary plat.
(d)
Grounds for decision. The grounds for modification,
if any, or the grounds for disapproval shall be stated upon the record
of the Planning Board. When so approving a preliminary plat, the Planning
Board shall state, in writing, any modifications it deems necessary
for submission of the plat in final form.
(4)
Certification and filing of preliminary plat. Within
five business days from the date of the adoption of the resolution
approving the preliminary plat, such plat shall be certified by the
Secretary of the Planning Board as having been granted preliminary
approval, and a copy of the plat and resolution shall be filed in
the Secretary's office. A copy of the resolution shall be mailed to
the owner.
(5)
Filing of decision on preliminary plat. Within five
business days from the date of the adoption of the resolution approving
the preliminary plat, the Chairman or other duly authorized member
of the Planning Board shall cause a copy of such resolution to be
filed in the office of the Village Clerk.
(6)
Revocation of approval of preliminary plat. Within
six months of the approval of the preliminary plat, the owner must
submit the plat in final form. If the final plat is not submitted
within six months, approval of the preliminary plat may be revoked
by the Planning Board.
(7)
Default approval of preliminary plat. The time periods
described herein within which a Planning Board must take action on
a preliminary plat are specifically intended to provide the Planning
Board and the public adequate time for review and to minimize delays
in the processing of subdivision applications. Such periods may be
extended only by mutual consent of the owner and the Planning Board.
In the event that the Planning Board fails to take action on a preliminary
plat within the time prescribed therefor, or within such extended
period, the preliminary plat shall be deemed as having been granted
approval. The certification of the Village Clerk as to the date of
submission of the preliminary plat and the failure of the Planning
Board to take action shall be issued on demand and shall be sufficient
in lieu of written endorsement or other evidence of approval.
A.
Application for approval and fee. The subdivider shall,
within six months after the approval of the preliminary plat, file
with the Planning Board an application for approval of the subdivision
plat in final form. This application shall be made on the official
form available from the Secretary of the Planning Board. All applications
for plat approval for major subdivisions shall be accompanied by the
appropriate fees as set by resolution of the Board of Trustees from
time to time. If the final plat is not submitted within six months
after approval of the preliminary plat, the application will be considered
withdrawn and the Planning Board will require resubmission of the
preliminary plat.
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 five copies of the plat. The subdivider shall submit the original
and one true copy of all offers of cession, covenants and agreements
and four prints of all construction drawings at least 10 days in advance
of the regular meeting of the Planning Board.
C.
Date of application. The submission of the subdivision plat shall be considered the date the application, accompanied by the required fee and all data required by § 158-22, has been filed with the Secretary of the Planning Board.
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 State Department of Health and
the Department of Environmental Conservation. 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 State Department of Health and the Department
of Environmental Conservation shall be secured by the subdivider before
official signing of the subdivision plat.
E.
Action on final plat.
(1)
Final plats which are in substantial agreement with approved preliminary plats. When a final plat is submitted which the Planning Board deems to be in substantial agreement with a preliminary plat approved pursuant to §§ 158-5 and 158-6 above, 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 by the Secretary of the Planning Board.
(2)
Final plats not in substantial agreement with approved preliminary plats. When a final plat is submitted which the Planning Board deems not to be in substantial agreement with the preliminary plat approved pursuant to §§ 158-5 and 158-6 above, the following shall apply:
(a)
Public hearing on final plats. The time within
which the Planning Board shall hold a public hearing on the final
plat shall be coordinated with any hearings the Planning Board may
schedule pursuant to the State Environmental Quality Review Acts,
as follows:
[1]
If the Planning Board determines that the preparation
of an environmental impact statement is not required, the public hearing
on a final plat not in substantial agreement with a preliminary plat
shall be held within 62 days after the receipt of a complete final
plat by the Secretary of the Planning Board; or
[2]
If the Planning Board determines that an environmental
impact statement is required and a public hearing on the draft environmental
statement is held, the public hearing on the final plat and the draft
environmental impact statement shall be held jointly within 62 days
after the filing of the notice of completion of such draft environmental
impact statement in accordance with the provisions of the State Environmental
Quality Review Act. If no public hearing is held on the draft environmental
impact statement, the public hearing on the final plat shall be held
within 62 days of filing the notice of completion.
(b)
Public hearing; notice, length. The hearing
on the final plat shall be advertised at least once in a newspaper
of general circulation in the Village at least five days before such
hearing, if no hearing is held on the draft environmental impact statement,
or 14 days before a hearing held jointly therewith. The Planning Board
may provide that the hearing be further advertised in such manner
as it deems most appropriate for full public consideration of the
final plat. The hearing on the final plat shall be closed upon motion
of the Planning Board within 120 days after it has been opened.
(c)
Decision. The Planning Board shall make its
decision on the final plat as follows:
[1]
If the Planning Board determines that the preparation
of an environmental impact statement on the final plat is not required,
the Planning Board shall, by resolution, conditionally approve, with
or without modification, disapprove or grant final approval and authorize
signing of such plat within 62 days after the date of the public hearing;
or
[2]
If the Planning Board determines that an environmental
impact statement is required and a public hearing is held on the draft
environmental impact statement, the final environmental impact statement
shall be filed within 45 days following the close of such public hearing
in accordance with the provisions of the State Environmental Quality
Review Act. If no public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of the hearing on the final
plat. Within 30 days of the filing of the final environmental impact
statement, the Planning Board shall issue findings on the final environmental
impact statement and, by resolution, conditionally approve, with or
without modification, disapprove or grant final approval and authorize
signing of such plat.
(d)
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the record
of the Planning Board.
(3)
Approval and certification of final plats.
(a)
Certification of plat. Within five business
days from the date of the adoption of the resolution granting conditional
or final approval of the final plat, such plat shall be certified
by the Secretary of the Planning Board as having been granted conditional
or final approval, and a copy of the plat and resolution shall be
filed in the Secretary's office. A copy of the resolution shall be
mailed to the owner. In the case of a conditionally approved plat,
such resolution shall include a statement of the requirements which,
when completed, will authorize the signing thereof. Upon completion
of such requirements, the plat shall be signed by the Chairman of
the Planning Board, and a copy of such signed plat shall be filed
in the office of the Village Clerk.
(4)
Approval of plat in sections. In granting conditional
or final approval of a plat in final form, the Planning Board may
permit the plat to be subdivided and developed in two or more sections
and may in its resolution granting conditional or final approval state
such requirements as it deems necessary to ensure that the orderly
development of the plat be completed before said sections may be signed
by the Chairman of the Planning Board. Conditional or final approval
of the sections of a final plat may be granted concurrently with conditional
or final approval of the entire plat, subject to any requirements
imposed by the Planning Board.
(5)
Duration of conditional approval of final plat. Conditional
approval of the final plat shall expire within 180 days after the
resolution granting such approval, unless all requirements stated
in such resolution have been certified as completed. The Planning
Board may extend, by not more than two additional periods of 90 days
each, the time in which a conditionally approved plat must be submitted
for signature, if, in the Planning Board's opinion, such extension
is warranted by the particular circumstances.
(6)
Default approval of final plat. The time periods described
herein within which a Planning Board must take action on a final plat
are specifically intended to provide the Planning Board and the public
adequate time for review and to minimize delays in the processing
of subdivision applications. Such periods may be extended only by
mutual consent of the owner and the Planning Board. In the event that
the Planning Board fails to take action on a final plat within the
time prescribed therefor, or within such extended period, the final
plat shall be deemed as having been granted final approval. The certificate
of the Village Clerk as to the date of submission of the final plat
and the failure of the Planning Board to take action shall be issued
on demand and shall be sufficient in lieu of written endorsement or
other evidence of approval.
F.
Work may not start. No improvements shall be made
to the parcel prior to the final approval of the plat by the Planning
Board. Exceptions may be granted by the Planning Board to satisfy
conditions as set forth in a conditional approval.
G.
Sunset provision. If any approved major subdivision
is not completed within three years of the date of final approval
by the Planning Board, approval for the project or any uncompleted
portions or sections of the project shall expire, and any further
development of the project will require application and approval under
the subdivision regulations then in effect. An extension of up to
two years may be granted by the Planning Board when accompanied by
appropriate security as determined by the Planning Board.
H.
Security required. Before the Planning Board grants
final approval of the subdivision plat, the subdivider shall follow
the procedure set forth below:
(1)
In an amount set by the Planning Board, the subdivider
shall file with the Village Clerk a certified check to cover the full
cost of the required improvements, a performance bond to cover the
full cost of the required improvements or an irrevocable letter of
credit to cover the full cost of the required improvements.
(2)
Any such bond or letter of credit shall comply with
the requirements of § 7-730 of New York State Village Law
and shall be satisfactory to the Village Attorney and the Village
Engineer as to form, sufficiency, manner of execution and surety.
(3)
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 or letter of credit within which required
improvements must be completed.
(4)
At the request of the subdivider, at six-month intervals,
the project may be reviewed by the Planning Board and the Village
Engineer. Security may be reduced by up to 80% of the value of the
satisfactorily completed improvement, as determined by the Village
Engineer.
(5)
The form of the bond or letter of credit must be structured
to preclude release without written consent of the Planning Board.
A.
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 of the Chairman of the Planning Board, authorize modifications.
These modifications must be 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 improvement 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.
B.
Inspection of improvements. At least five days prior
to commencing construction of required improvements, the subdivider
shall notify the Village Engineer, in writing, of his proposed date
to start construction. The Village Engineer shall cause inspection
to be made to assure that all specifications and requirements shall
be met during the construction of the required improvements and to
assure the satisfactory completion of improvements and utilities required
by the Planning Board. The Village Engineer has the authority to issue
stop-work orders when, in his sole discretion, he deems it necessary.
C.
Proper installation of improvements. The Village Engineer
shall inspect the improvements performed 30 days before the expiration
date of the performance bond. If any of the required improvements
have not been constructed in accordance with plans and specifications,
he shall so report to the Village Board, Zoning Administrator and
Planning Board, and he shall direct the subdivider to correct the
work to conform with the plans and specifications. If necessary, the
Village Board shall take steps to preserve the Village's rights under
the bond.
A.
Approval for filing and final approval. The subdivider
shall, within 62 days of receiving final approval by the Planning
Board, file the plat with the Office of the County Clerk.
B.
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made in any subdivision plat after
final approval has been given by the Planning Board and endorsed,
in writing, on the plat. In the event that any such subdivision plat
is recorded without complying with this requirement, the Planning
Board shall disapprove the plat and 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.
