A.
Full compliance with the provisions of the subdivision
regulations concerning the preparation of a subdivider's sketch plan,
preliminary plat, key map and initial subdivision plat, except where
variations of this chapter may be expressly authorized by the Planning
Board, is necessary for the information of the Board and of the public
at public hearing(s) as provided in this section. Due care in the
preparation of the maps and other information called for will expedite
the process of obtaining the Board's decision concerning the formal
subdivision plat.
B.
When any subdivision of land is proposed to be made
and to avoid violation of § 334 of the Real Property Law
and § 136 of the Highway Law, before any contract for the
sale of land or any offer to sell such subdivision or any part thereof
is made or any grading, clearing, construction or other improvement
is undertaken therein, the subdivider or subdivider's duly authorized
agent shall apply, in writing, for approval of such proposed subdivision
in accordance with the following procedures.
C.
Merging or combining lots prohibited. Owners of lots or an owner of lots in the Village of Monroe shall be prohibited from combining or merging two or more of those lots, unless such lots are combined for the purpose of a commercial or industrial use permitted under Chapter 200, Zoning, and a site plan and/or special permit for such use is approved by the Planning Board. Any such lot merger approved by the Planning Board shall be conditioned upon a deed restriction being filed, enforceable by the Village of Monroe, restricting the use of the property to a commercial or industrial use. Proof of the filing of the deed restriction with the County Clerk must be presented to the Planning Board prior to the final site plan and/or special permit being signed by the Planning Board Chairperson. For purposes of zoning, any owner(s) of lots that combines or merges two or more lots in the Village after May 3, 2017 for any other use by filing a request with the Town Assessor shall be subject to the provisions of this chapter and Chapter 200, Zoning. The lots will be considered merged into one lot for purposes of taxation only. The lots will be considered not to be merged for purposes of zoning and subdivision regulations, and shall be required to comply with the Zoning Code and subdivision regulations of the Village.
[Added 6-13-2017 by L.L.
No. 6-2017]
D.
Flag lots. Flag lots are prohibited. A "flag lot" is an interior lot with less than the required lot width at the point of its road frontage. Such lots are generally behind other lots, having their front yard abutting the rear yard of one or more other lots, and having access to a public road via a narrow strip of land wide enough to accommodate a driveway. See § 200-21.
[Added 4-3-2018 by L.L.
No. 3-2018]
A.
Submission of sketch plan and fees. Any owner of land
proposed to subdivide shall submit to the Secretary of the Planning
Board, at least 10 days prior to the regular meeting of the Board,
two copies of a sketch plan of the proposed subdivision and any associated
fees, which shall comply with the requirements of this section, for
the purposes of classification and preliminary discussion: one print
to the Planning Board Chairperson and one print to the Village Engineer.
B.
Discussion of requirements and classification.
(1)
The subdivider or subdivider's duly authorized representative
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 which the Planning
Board may deem appropriate.
(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 this chapter. The Board may require, however, when it deems it necessary for protection of the public health, safety and welfare, that minor subdivisions 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 § 175-4 of this chapter. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlines in §§ 175-5 and 175-6. The Planning Board may require, as a condition for approval, a deed restriction limiting the resubdivision of any parcel of land large enough to be legally subdivided or resubdivided under the provisions of Chapter 200, Zoning. The intent of the deed restrictions will be as follows:
(a)
No more than a total of four lots may be created
either simultaneously or sequentially from a parent parcel under classification
as a minor subdivision. Should more than that total number of lots
be applied for at any time in the future, the subdivider will have
to include all information required of a major subdivision for the
previously subdivided lots, as well as for the lots under consideration
in the application.
(b)
No more than a total of 49 lots may be created
whether simultaneously or sequentially from a parent parcel for which
both central sewer and water services do not exist, subject only to
the waiver of the Commissioner of Health. Should more than that total
number of lots at any time be applied for, the subdivider will have
to include a plan for providing central sewer and water services to
the previously subdivided lots at no additional costs to their present
owners, as part of the present application for subdivision.
C.
Documents to be submitted for sketch plan.
(1)
Information the sketch plan initially submitted to
the Planning Board shall be based on Tax Map information or some other
similarly accurate base map, at a scale not less than 200 feet to
the inch, to enable the entire tract to be shown on one sheet. The
sketch plan, prepared by a licensed design professional for subdivisions,
shall indicate the following:
(a)
A map of the entire holding indicating the location
of that portion which is to be subdivided in relation to the entire
tract, and the distance to the nearest existing street intersection.
(b)
Topographic contours at intervals of not more
than 20 feet based on USGS datum.
(c)
The name of the owner and of all adjoining property
owners as disclosed by the most recent tax records.
(d)
The Tax Map section, block and lot numbers of
the subject parcel and all adjourning property owners.
(e)
All the utilities available and all streets
which are either proposed, mapped or built.
(f)
The proposed patterns of lots (including lot
width and depth), street layout, recreation areas, systems of drainage,
sewerage and water supply within the subdivided area, but with reference
to surrounding properties and street patterns.
(g)
All existing restrictions on the use of land,
including easements and covenants.
(h)
A location map at a minimum scale of one inch
equals 2,000 feet (1:24,000) to indicate the relationship of the proposed
subdivision to significant existing community facilities which will
serve or influence the layout, such as major traffic arteries, shopping
areas, schools, parks, employment centers, churches, etc. This map
shall be drawn to scale suitable to indicate the above features. It
shall show then North point, scale and date.
(i)
Existing drainage features (i.e., culverts,
marshes, wetlands, ponds and streams) within the portion to be subdivided
and within 200 feet thereof.
(j)
General site conditions, which would include
rock outcrops; isolated trees over 12 inch caliber and all trees over
24 inches caliber; orchards; hedges and other ornamental landscaping;
wooded areas; existing structures; stone walls; roads or lanes; power
lines; easements; and other existing improvements within the portion
to be subdivided and within 200 feet thereof.
(k)
Zoning district or districts.
(l)
Zoning requirements (Bulk Table).
(m)
Acreage of each land use and proposed density.
(2)
Waiver. Where strict application of the provisions
of these requirements would be undesirable, unreasonable or in conflict
with subdivision policy, the Planning Board may, by resolution, waive
part or all of such preapplication requirements. This waiver shall
not apply to subsequent submissions unless specifically stated by
the Board.
D.
Study of sketch plan. The Planning Board shall, within
30 days of the complete submission of the sketch plan or by their
next regularly scheduled meeting, whichever is greater, determine
whether the sketch plan meets the purposes of this chapter and may,
where it deems necessary, make specific recommendations to be incorporated
by the subdivider in the next submission to the Planning Board.
A.
Application and fee. Within six months after classification
of the sketch plan as a minor subdivision by the Planning Board, and
unless the time is extended, the subdivider shall submit an application
for approval of the a subdivision plat. Failure to do so shall require
resubmission of the sketch plan to the Planning Board for reconsideration.
The plat shall conform to the layout shown on the sketch plan, plus
any recommendations made by the Planning Board. Said application shall
also conform to the requirements of information required, as listed
below.
B.
Minor subdivision plat information required. In the
case of minor subdivisions only, the subdivision plat application
shall include the following information:
(1)
Proposed subdivision name; name of the Village; town
and county in which it is located; name and address of record owner
and subdivider; North point; map scale; date of drawing; and of latest
revision (if any).
(2)
An actual field survey of the boundary lines of the
entire tract and of the lots to be subdivided from the tract giving
complete descriptive data by bearings and distances made and certified
to by a licensed land surveyor. The corners of the tract shall also
be located on the ground and marked by monuments, as approved by the
Village Engineer, and shall be referenced and shown on the plat.
(3)
All on-site sanitation, stormwater controls and water
supply facilities shall be designated to meet the minimum specification
of the State Department of Health or New York State Department of
Environmental Conservation, and a note to this effect shall be stated
on the plat and signed be a licensed engineer. The location and results
of the percolation test(s) on which the septic system design(s) is
(are) based shall be indicated on the plat.
(4)
Upon approval, the plat is to be filed with the County
Clerk. It shall be printed upon linen or be clearly drawn in India
ink upon tracing cloth. The size of the drawing sheet shall be not
less than 8 1/2 inches by 11 inches, nor more the 34 inches by
44 inches.
C.
Accompanying information.
(1)
A copy of such covenants or deed restrictions as are
intended to cover all or part of the tract.
(2)
Letter of approval (if applicable) from the Village,
town or Orange County Department of Public Works or the New York State
Department of Transportation relative to access to a public road under
their jurisdiction.
(3)
SEQRA documents, including, as a minimum, a long environmental
assessment form.
D.
Waivers. Where strict application of the provisions
of these requirements would be undesirable, unreasonable or in conflict
with subdivision policy, the Planning Board may, for good cause shown,
by resolution, waive part of the requirements of that section.
E.
Number of copies. Six copies of the subdivision plat
along with an application form and SEQRA form and appropriate fees
shall be presented to the Secretary of the Planning Board at least
10 days prior to a scheduled monthly meeting of the Planning Board.
F.
Subdivider to attend Planning Board meeting. The subdivider
or the subdivider's duly authorized representative shall attend the
meeting of the Planning Board to discuss the subdivision plat.
G.
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 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 this chapter, has been
filed with the Secretary of the Planning Board.
H.
Endorsement of state and county agencies. If the site
borders a county, town or state road, copies of the submission shall
be forwarded to the Orange County Department of Public Works and/or
the Regional Office of the New York State Department of Transportation,
in time for their comments to be returned and read into the minutes
of the public hearing. If the site lies within 500 feet of a county
or state road, drainage easement, institution or park or within 500
feet of a municipal boundary, a copy of the submission shall be forwarded
to the Orange County Department of Planning in time for their comments
to be returned and read into the minutes of the public hearing.
I.
Public hearing. A public hearing shall be held by the Planning Board on all plats submitted within 62 days once they are deemed in final form by the Planning Board. Notification procedures for public hearings shall be in accordance with § 200-72E(4)(b).
[Amended 5-1-2012 by L.L. No. 2-2012]
J.
Action of subdivision plat. The Planning Board shall,
within 62 days from the date of the close of the public hearing approve,
conditionally approve with or without modification or disapprove the
final plat. The Board shall specify its reasons for any such disapproval.
In the event that the hearing is not held or if the Board fails to
disapprove the minor subdivision plat within the 62 days prescribed
above, the plan shall be deemed approved.
K.
Filing. Upon approval, the final plat shall be properly
signed by the duly authorized person or persons and shall be filed
by the applicant in the office of the County Clerk. Any minor subdivision
plat not so filed or recorded within 60 days of the date upon which
such plat is approved or considered approved by reason of failure
of the Planning Board to act, shall become null and void. Within 30
days of the date of filing, the applicant shall submit to the Board's
Secretary six copies of the final plat showing the endorsement of
the County Clerk.
If a proposed lot line change or subdivision
does not create any new or additional lots; nor creates or increases
any zoning bulk or setback nonconformities of any involved parcel(s);
nor creates any significant planning issues with respect to the existing
of future use of the any involved parcel(s), the Planning Board may
exempt such lot line change from any further review at its discretion,
pursuant to this chapter, and direct the Chairperson to sign such
plan. However, a review fee equal to the fee for processing a two-lot
subdivision will be charged even if the Planning Board waives further
review in order to defray the Planning Board's reasonable review and
processing costs.
A.
Application and fee. 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 hereof. The preliminary
plat shall, in all respects, comply with the requirements set forth
in the provision of §§ 179-k and 179-l of the Village
Law,[1] and this chapter, except where a waiver may be specifically
authorized by the Planning Board. The filing fee shall be set according
to provisions as provided for by the Village Board.
[1]
Editor's Note: See now §§ 7-728
and 7-730 of the Village Law, respectively.
B.
Major subdivision preliminary plat and accompanying
data. The following documents shall be submitted for approval of the
preliminary plat.
(1)
Information on the plat. Six copies of the preliminary
plat prepared by a licensed design professional, as required by law,
providing the following information:
(b)
Title block.
[1]
The name of the subdivision; name of Village,
town and county in which it is located.
[2]
The name and address of the subdivider, and
record owner.
[3]
The name and address, license number and seal
and signature of the design professional who prepared the drawings.
[4]
Total acreage for entire tract and for each
zoning district within the tract.
[5]
Total number of proposed lots.
(c)
Other notations on the map.
[1]
The date of original preparation and of each
subsequent revision.
[2]
Graphic scale of no less than 50 feet equals
one inch.
[3]
True or magnetic North point.
[4]
Certification by the licensed land surveyor
that the boundaries, easements, encroachments, rights-of-way and topography
shown resulted from an actual land survey and/or aerial survey developed
through the process of photogrammetry; and the date of that survey.
[5]
Offers of dedications, statements establishing
easements and similar statements should be indicated on the drawing.
[6]
Zoning district, including exact boundary lines
of district, if more than one district, and any standards from the
zoning ordinance text applicable to the area to be subdivided.
(d)
Key map. A key map, preferably at a scale of
one inch equals 2,000 feet (1:24,000) should be included on the plat
which indicates the relationship of the site to the following:
(e)
Adjacent properties within 200 feet of the site
which are displayed on the latest tax map sheet(s) shall be identified
by the names of the owners of record together with section, block
and lot numbers.
(f)
Boundaries of special districts (such as water,
sewer, fire, school, historic lighting, etc.).
(g)
Topographic contours at two-foot intervals referenced
to the United States Coast and Geodetic Survey data and mean sea level.
(h)
Existing site conditions.
[1]
An actual field survey of the boundary lines
of the tract, giving complete descriptive data by bearings and distances,
made and certified to by a licensed land surveyor. The corners of
the tract shall also be located on the ground and marked by substantial
markers of size and type as approved by the Village Engineer, and
shall be referenced and shown on the plat.
[5]
Location and size of capacity of all other utility
structures, such as water and gas mains and power lines on the subdivision
and within 200 feet of its boundaries.
[6]
Wetlands, marshes, ponds, streams and land subject
to periodic or occasional flooding or similar unstable conditions
on the subdivision and within 200 of its boundaries.
[7]
Subsurface data in accordance with the Orange
County Department of Health requirements.
[a]
Date, location and graphic representation of
findings for all test holes, including the location and results of
percolation and other tests to ascertain subsurface soil, rock and
groundwater conditions, and the depth of groundwater, unless pits
are dry at a depth of five feet.
[b]
Locations shall be indicated where critical
conditions exist, as well as areas where drainage structures requiring
seepage are to be constructed.
[8]
Village or other public lands, lands designated
as parks, open spaces or for other public areas. Buildings and other
structures located on and within 200 feet of the site.
[9]
Location of rock outcrops; wooded areas; isolated
trees with a diameter of eight inches or more as measured three feet
above the base of the trunk; orchards; hedges and other ornamental
landscaping; stone walls; roads or lanes; power lines; easements;
and other significant existing features within the portion to be subdivided
and within 100 feet or a minimum of 50 feet thereof.
[10]
Location of historically significant sites/districts
which are located within the site or within 200 feet of the site.
(i)
Proposed site development.
[1]
Streets.
[a]
Name, to be checked prior to submission (with
the Village Clerk) to avoid duplication.
[b]
The width and location of any streets or public
ways or places shown on the Official Map or the master plan, if such
exists, within the area to be subdivided, together with street profiles
of all streets or public ways proposed by the developer.
[c]
Right-of-way width.
[d]
Tentative center-line elevations at intersections
and at principal changes in gradient.
[e]
Tentative center-line gradients shown in percent
of slope.
[f]
Plans and cross sections showing the proposed
location and type of sidewalk, streetlighting standards, street trees,
curbs, water mains, sanitary sewers and storm drains, and the size
and type thereof, the character, width and depth of pavements and
subbase, the location of manholes, basins and underground conduits.
[g]
Preliminary designs of any bridges which may
be required.
[h]
All proposed improvements to meet or exceed
those requirements as described in the Village Street Specifications.
[3]
Easements, parks, restricted areas and other
improvements.
[a]
Purpose and restrictions.
[b]
Designation or areas or rights-of-ways which
are to be offered for public dedication or deeded to a homeowners'
association or other private corporation, with clear indications of
proposed changes in grades and landscaping thereon. The Board may
require specific recreation improvements and planting of trees, shrubs,
grass and other landscaping in all areas to be so dedicated.
[4]
Preliminary stormwater drainage system plan.
[a]
A drainage report describing existing and future
flows for two-, twenty-five- and one-hundred-year storm events.
[b]
Drainage structures shall be shown on the preliminary
layout indicating the approximate location and size of proposed retention/detention
basins, quality controls, lines and culverts and their profiles, as
well as connection to existing lines or alternate means of disposal.
[c]
An outline of watersheds tributary to drainage
structures and their approximate area in acres, including those which
extend beyond the boundaries of the subdivision, shall be shown with
red pencil on only two copies of the preliminary layout.
[5]
Preliminary water supply and sewage treatment
systems. The approximate location, size and profiles of all proposed
waterlines, valves, hydrants and sewer lines shall be shown, as well
as connections to existing lines or alternate means of water supply
or sewage disposal and treatment, as provided in the Public Health
Law.
[6]
Easements. Where the topography is such as to
make difficult the inclusion of any of the required facilities within
the public areas as laid out, the preliminary plat shall show the
boundaries of proposed permanent easements over or under private property,
which permanent easements shall not be less than 25 feet in width
and which shall provide satisfactory access to an existing public
highway or the proposed public highway or public open space shown
on the subdivision or the Official Map.
(2)
Entire holdings. If the application covers only a
part of the subdivider's entire holding, a map of the entire tract,
drawn at a scale of not less than 400 feet to the inch, showing an
outline of the platted area with its proposed streets and indication
of the probable future street system with its grades and drainage
in the remaining portion of the tract and the probable future drainage
layout of the entire tract shall be submitted. The part of the subdivider's
entire holding submitted shall be considered in the light of the development
potential of the entire holdings.
(3)
Covenants and deed restrictions. A copy of such covenants
or deed restrictions as are intended to cover all or part of the tract.
(4)
Temporary markers. The Planning Board may require
the location of temporary markers adequate to enable members of the
Planning Board to readily locate and evaluate the basic layout in
the filed; these may include markers at corners of the site and along
proposed streets. Unless the subdivision is adjacent to an existing
street intersection, the distance along a street from one corner of
the property to the nearest existing street intersection shall be
shown.
(5)
Waivers. If, owning to the special nature of the proposed
subdivision, the Planning Board finds that strict application of the
provisions of this section would be undesirable, unreasonable or in
conflict with subdivision policy, the Planning Board may, by resolution,
waive part or all of such preliminary plat requirements. The Board
shall state in its findings those provisions which, in its opinion,
may be waived and the justification for such waiver or waivers. These
waivers shall apply to final plat submission only where so noted by
the Board.
(6)
SEQRA. Appropriate SEQRA information necessary for
the Planning Board to type the action and a full environmental assessment
form shall be submitted.
C.
Purpose.
(1)
The preliminary layout and the supporting documents
for a proposed subdivision constitute the material to be officially
submitted to the Planning Board, and later one copy shall be come
the official record of the Village Clerk. They show the general design
of the subdivision and its public improvements, so that the Planning
Board can indicate its approval or disapproval of the subdivision
prior to the time that the final plat, including the design and detailing
of the public improvements and utilities, is completed. Approval of
the preliminary layout does not constitute an approval of the final
plat, nor should it be considered a valid basis for the construction
of site improvements or for other commitments which depends upon its
design characteristics.
(2)
When revision of the proposed subdivision is required,
the preliminary layout shall be revised accordingly so that the files
of the Planning Board and other Village officials will be current.
(3)
The preliminary layout shall serve as a key map to
subdivision subsequently laid out in sections of final plats.
D.
Final of copies. The application for approval of the
preliminary plat, complete with five copies of the preliminary plat
and accompanied by the required fee and all data required by this
chapter, shall be filed with the Secretary of the Planning Board at
least 10 days prior to a regular monthly meeting of the Planning Board.
A proposed submission which does not include all the required drawings,
fees and documents will be accepted for filing.
E.
Subdivider to attend Planning Board meeting. The subdivider
or the subdivider's duly authorized representative shall attend the
meeting of the Planning Board to discuss the preliminary plat.
F.
Study of preliminary plat. The Planning Board shall study the practicability of the preliminary plat taking into consideration the requirements of the community, the Village Zoning Law and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of streets and 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, if such exist, and Chapter 200, Zoning.
G.
Endorsement of state and county agencies. If the site
borders a county or state road, copies of the preliminary submission
shall be forwarded to the Orange County Department of Public Works
and/or the Regional Office of the New York State Department of Transportation,
in time for their comments to be returned and read into the minutes
of the public hearing. If the site lies within 500 feet of an existing
or a proposed county or state road, drainage easement, institution
or park or within 500 feet of a municipal boundary, the Planning Board
may require a copy of the preliminary submission to be forwarded to
the Orange County Department of Planning and Development not less
than 10 days prior to a public hearing so that its comments may be
returned and read into the minutes of the public hearing.
H.
Referral. If the preliminary plat for subdivision
of land occurs within 500 feet of the Village boundary, a copy of
the preliminary plat shall be sent by the Planning Board Secretary
to the appropriate municipal official of the adjoining municipality
indicating whether the proposed subdivision is in reasonable harmony
with their master plan. Any written communication will be considered
if received prior to the public hearing date on the preliminary plat.
I.
Preliminary public hearing. The Planning Board shall hold a public hearing within 62 days after the receipt of such plat once it is deemed complete by the Board. Notification procedures for public hearings shall be in accordance with § 200-72E(4)(b).
[Amended 5-1-2012 by L.L. No. 2-2012]
J.
Approval of the preliminary plat.
(1)
The Planning Board shall take action within 62 days
after the close of the public hearing required on such plats to approve,
with or without modifications or disapprove the preliminary plat.
This time may be extended upon mutual consent of the subdivider and
the Planning Board. When approving the preliminary plat, the Planning
Board must state the modifications, if any, it deems necessary for
submission of the plat in final form with respect to:
(a)
The specific changes which it will require in
the preliminary plat.
(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 and general
welfare.
(c)
The categories of improvement or the categories
of all bonds therefore which it will require as prerequisite to the
approval of the subdivision plat.
(2)
The action of the Planning Board, plus any conditions
attached thereto, shall be noted on three copies of the preliminary
plat to be completed by the applicant. One copy shall be returned
to the Village Engineer, one retained by the Planning Board and one
forwarded to the Village Clerk. Approval of a preliminary plat shall
not constitute approval of the subdivision plat, but rather it shall
be deemed an expression of the Board's belief that the design submitted
on the preliminary plat is an appropriate guide to the preparation
of the plat, which must be submitted to the Planning Board for a decision
upon fulfillment of the requirements of this chapter and the conditions
of the approval of the preliminary plat, if any. Prior to the approval
of the subdivision plat, the Planning Board may required additional
changes as a result of further study of the subdivision in final form
or as result of new information obtained at the public hearing.
K.
Expiration of approval. Planning Board approval of
a preliminary layout submission shall expire six months after the
date of such formal action. No Planning Board action will be taken
after such expiration until a new application and filing fee are submitted.
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, using the approved application form available
from the Secretary of the Planning Board. The filing fee shall be
set according to provisions as provided by the Village Board. If the
final plat is not submitted within six months after the approval of
the preliminary plat, the Planning Board may refuse to approve the
final plat and require resubmission of the preliminary plat.
B.
Major subdivision final plat and accompanying data.
The following documents shall be submitted for final plat approval:
(1)
Major subdivision plat. The plat to be filed with
the County Clerk shall be printed upon linen or clearly drawn in India
Ink upon tracing cloth. The size of the sheets shall be no less than
8 1/2 inches by 11 inches nor more than 34 inches by 44 inches,
including a margin for binding of two inches, outside of the border,
along the left side and a margin one inch outside of the border along
the remaining sides. The plat shall be drawn at a scale of no more
than 50 feet to the inch and oriented with the North point at the
top of the map. When more than one sheet is required, an additional
index sheet of the same size shall be filed showing to scale the entire
subdivision with lot and block numbers clearly legible. Space shall
be reserved thereon for endorsement by the County Department of Health;
two boxes two inches by 3 1/4 inches provided for the Board's
stamp of preliminary and final approval; and one box 4 1/2 inches
by two inches if referral to the Orange County Department of Planning
is mandated.
(a)
The final plat shall be prepared by a licensed
design professional in accordance with local and state laws and shall
provide information noted in this section.
(b)
A lot map of the entire subdivision shall be
the same as that required on the preliminary plat with the following
additions:
[1]
[2]
Special parcels.
[a]
Description of proposed action and use, including
a note where an offer of dedication is being made. For any land which
is reserved by the developer or to a homeowners' association, there
shall be submitted with the subdivision plat copies of agreements
of other documents showing the manner in which such areas are to be
maintained and the provisions made therefor.
[b]
Boundary lines with accurate dimensions.
[c]
Lot areas for each lot measured accurately to
the nearest square foot.
(c)
Survey data.
[1]
Accurate subdivision perimeter boundaries with
bearings and distances.
[2]
Village, town, county and special district boundaries
referenced to the subdivision survey by accurate bearings and distances,
which are within reasonable distance of the property.
[3]
The length of all straight lines, the deflection
angles, radii, length of curves, tangent distances and tangent bearings
for each street.
[4]
Accurate dimensions to the nearest hundredth
of a foot.
[5]
Monuments.
[a]
Proposed location of all monuments.
[b]
Existing monuments, shown with symbols and described.
[c]
Proposed new monuments or monuments to be reset.
[d]
Monuments in accordance with the Village Street
Specifications or as approved by the Village Engineer, which shall
be set at all corners and angel points of the boundaries of the original
tract to the subdivided; and at all street lines, points of curve
and such intermediate points as shall be required by the Village Engineer.
(Monuments shall be located at the beginning and end of each curve
along one side of the street right-of-way).
(2)
Public improvements plan and profiles.
(a)
The performance bond and the inspection service
shall be based on this drawing, the final plat itself, this chapter
and the municipal specification for such public improvements and utilities.
(b)
Unless a specific waiver is requested in writing,
the proposed public improvements and utilities shall be considered
to comply specifically with this chapter and the municipal specifications
for such public improvements and utilities.
(c)
Basic drawing layout requirements are the same
as those required for the preliminary plat and shall also include
rights-of-way, gradients and directional arrows downhill.
(d)
Designs for waterlines, sewers, streets, bridges
and drainage structures shall be prepared by a professional engineer
licensed to practice in the State of New York.
(e)
Drainage system requirements. The complete drainage
system for the entire subdivision, including both quantity and quality
control, with appropriate development stages for each of the final
plat sections, shall be shown graphically with all existing drainage
features.
(f)
Utility system requirements. The following shall
be shown:
[2]
Sanitary waste disposal system.
[a]
Sanitary sewer system design, which shall be
indicated in all cases where public or private sewer connections exist
or are proposed.
[b]
Typical lot layout indicating location of individual
system with reference to house and water supply; and detailed drawing
of proposed sanitary waste disposal unit.
[3]
Location of electric, telephone, and television
cable and gas lines.
[4]
Location and description of outdoor lighting.
(g)
Profile drawing requirements.
[2]
All profiles shall show the existing natural
grades, the typical cross section of existing or proposed roads, the
center lines of intersecting roads and a system of survey stations.
[3]
The center-line profile of the proposed roads
with dimensions on vertical curves and notation as to gradient and
critical elevations shall be shown.
[4]
Detailed plans for bridges, culverts or similar
structures shall be shown.
[5]
The invert profile and location of all storm
and sanitary drainage structure (manholes, catch basins, etc.) in
street right-of-way and in drainage easements shall be shown.
(h)
Recreation and community improvements.
[1]
A landscape plan prepared by a registered licensed
professional landscape architect and/or architect indicating proposed
changes in existing grades and landscaping including the following
items: play areas, walkways, incidental shelters, walls, new trees
and shrubs (location and botanical name), tennis courts, decorative
pools and all similar improvements.
[2]
Clubhouse, swimming or wading pools and other
major improvements: plans and elevations or prospective rendering
by licensed design professional.
(3)
Certifications.
(a)
Certification of title showing that the subdivider
is the owner.
(b)
Written offers of dedication to the Village
of all public streets, rights-of-way and opens spaces shown on the
plat and copies of agreements or other documents showing the manner
in which spaces, title of which is reserved by the subdivider and
covenants governing the maintenance of undedicated open space, shall
bear the certificate of approval of the Village Attorney as to their
legal sufficiency.
(c)
A certificate by the engineer certifying that
the subdivider has complied with one or both of the following alternatives:
[1]
All or part of the improvements have been installed
in accordance with this chapter and with the action of the Planning
Board granting approval of the preliminary plat; or
[2]
A bond or certified check has been posted available
to the Village in sufficient amount to assure completion of all required
improvements.
(d)
Protective covenants in proper form for recording.
(e)
Other data, such as certificates, deed searches,
title insurance, affidavits and endorsements, as may be required by
the Planning Board in the enforcement of this chapter.
(f)
Letters directed to the Chairperson of the Planning
Board and signed by a responsible official of the lighting agency,
water company or any other utility company, or governmental authority
or district which provides necessary utility services and has jurisdiction
in the area, approving each proposed utility installation design,
and a statement as to show that utility will construct the facility
so that services will be available when required in conformity with
the provisions of the plan.
(g)
A letter directed to the Chairperson of the
Planning Board signed by the a responsible official of the school
system acknowledging the number of residential lots and indicating
the availability of existing school facilities for the new pupils
or any needed new school sites and facilities that relate to the subdivision
area.
(h)
A letter, in appropriate cases, directed to
the Chairperson of the Planning Board signed by a responsible official
of the New York State Department of Transportation, the Orange County
Commissioner of Public Works or the Village Department of Public Works
Superintendent approving proposed construction on state, county, or
Village rights-of-way, respectively.
[Amended 6-21-2011 by L.L. No. 2-2011]
C.
Purpose.
(1)
The final plat and supporting drawings and documents
for a proposed subdivision shall constitute the complete development
of the subdivision proposal and that include the recommendations resulting
from the Planning Board review of the preliminary layout, as well
as the detailed layout drawings for the public improvements and utilities.
After public hearing and approval by the Planning Board, this complete
submission, along with the performance bond and the general liability
insurance policy, as approved by the Village Board, shall become the
basis for the construction of the subdivision and the inspection services
by the Planning Board and by the Village Engineer or other designated
Village officer. The plat itself must be recorded at the County Clerk's
office to have legal status. An unrecorded plat is not a valid basis
for site improvements or other commitments which depend on its design
characteristics.
(2)
The final plat shall be an accurate survey record
of the properties resulting from the subdivision.
D.
Number of copies. A subdivider intending to submit
a proposed final subdivision plat for the approval of the Planning
Board shall provide the Secretary of the Planning Board with three
copies of the application and six copies of the plat, the original
and one true copy of all offers of dedication, covenants and agreements,
letters from appropriate agencies, utilities and boards having jurisdiction,
and six prints of all construction drawings, at least 10 days in advance
of the regular monthly Planning Board meeting at which is it to be
officially submitted. At the same time, if the subdivider intends
to request any waiver of the requirements or standards provided for
in this chapter in connection with final plat approval, a statement
applying for such waiver shall be filed with the final plat submission.
E.
When officially submitted. The time of submission
of the final subdivision plat shall be considered to be the date of
the regular meetings of the 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 this
chapter) has been filed with the Secretary of the Planning Board.
F.
Endorsement of state and county agencies. Water and
sewer facility proposals contained in the subdivision plat shall be
properly endorsed and approved by the Orange County Department of
Health or other agency designated by law. Applications for approval
of plans for sewer or water facilities will be filed by the subdivider
with all necessary Village, town, county and state agencies. Endorsement
and approval by the Orange County Department of Health shall be secured
by the subdivider before official submission of the final subdivision
plat. Certified copies of permits signed by a responsible official
of the New York State Department of Transportation or the Orange County
Commissioner of Public Works, approving proposed construction and/or
discharge on state or county right-of-way, shall be submitted.
G.
Performance bond/letter of credit estimate. The Village
Engineer or other designated person or firm shall prepare seven copies
of a performance bond/letter of credit estimate, to be submitted along
with the recommendations of the final plat.
[Amended 7-6-1999 by L.L. No. 3-1999]
H.
Public hearing. A public hearing shall be held on the final plat by the Planning Board within 62 days of this submission in full final form. Notification procedures for public hearings shall be in accordance with § 200-72E(4)(b). However, when the Planning Board deems the final plat to be in substantial agreement with an approved preliminary plat (and modified in accordance with the requirements of the approval given to the preliminary plat, if the preliminary plat was approved with modifications), the Planning Board may waive the requirement for the public hearing on the final plat.
[Amended 5-1-2012 by L.L. No. 2-2012]
I.
Action of proposed final subdivision plat.
(1)
The Planning Board shall, within 62 days from the
date of the close of the public hearing on the subdivision plat, if
one is held, or within 62 days after the receipt of the final plat
by the Secretary of the Planning Board, if no hearing is to be held,
approve or disapprove or conditionally approve, with or without modifications,
the final subdivision plat, and shall specify, in writing, its reason
for any such refusal. Provisions may be made for extension of this
time by mutual consent of the subdivider and the Planning Board. In
the event that the required hearing is not held or if the Planning
Board fails to disapprove the plat within 62 days prescribed above,
the plat shall be deemed approved as submitted.
(2)
If the plat is approved, the subdivider shall carry
out the following steps prior to obtaining the Chairperson's signature
of approval:
(a)
Make all required corrections or changes to
the satisfaction of the Planning Board.
(b)
Obtain a performance bond in the amount of the
bond estimate and a general liability insurance policy and submit
them to the Village Attorney for approval as to form.
(c)
Prepare prints of the corrected final plat drawings
and submit the following.
[1]
The original drawings for signature and return.
[2]
Two copies of the final plat printed on opaque
cloth for signature and return for filing purposes.
[3]
One tracing cloth print of the final plat and
the corrected public improvements and utilities plan and profiles.
[4]
Five paper prints of the final plat.
[5]
Five paper prints of the corrected public improvements
and utilities plan and profiles; or such other prints as may be required
by state law.
[Added 11-20-2007 by L.L. No. 6-2007; amended 6-13-2017 by L.L. No.
6-2017]
A.
Preliminary subdivision plat. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 168, Articles I and II, shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 168, Article II. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 168, Articles I and II.
B.
Final subdivision plat approval. A stormwater pollution prevention plan consistent with the requirements of Chapter 168, Articles I and II, and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 168, Article II. The approved final subdivision plat shall be consistent with the provisions of Chapter 168, Articles I and II.
A.
Improvements. The following improvements will be required
except when, in the special or peculiar circumstance of the particular
case, the Planning Board modifies and waives a requirement by specific
resolution.
(1)
Paved streets.
(2)
Concrete curbs and gutters.
(3)
Concrete sidewalks.
(4)
Water mains and fire hydrants.
(5)
Sanitary sewage disposal.
(6)
Storm drainage systems.
(7)
Street signs.
(8)
Streetlighting.
(9)
Street trees.
(10)
Seeding or sodding or planting strips with lawn grass.
(11)
All utilities to be underground.
B.
Letter of credit.
(1)
A letter of credit or equivalent security shall be
delivered to the Village to guarantee that the subdivider shall faithfully
cause to be constructed and completed within a reasonable term the
required public improvements and convey the required land and improvements
to the Village free and clear of encumbrances.
(2)
Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in Subsection B(1):
(a)
In an amount set by the Planning Board from
an estimate prepared by the Village Engineer, the subdivider shall
either file with the Village a letter of credit to cover the full
cost of the required improvements or the subdivider shall appear before
the Village Board to request an alternate security. In any event,
all improvements must be completed within three years from final approval;
however, the term of said improvements may be extended by the Planning
Board with consent of the parties thereto, including the surety if
any.
(b)
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Village Engineer and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider elects to provide security for all required improvements as specified in Subsection B(1) above, such security shall not be released until such a map is submitted. The Village Board shall release the security only upon certification of the Village Engineer and Village Attorney that all requirements regarding the improvements have been satisfied.
(c)
The subdivider shall complete all required improvements
or post the required security, either or both to the satisfaction
of the Village Board, before any building permits shall be issued.
(d)
If the Planning Board shall decide at any time
during the term of performance that the extent of building development
that has taken place in the subdivision is not sufficient to warrant
all the improvements covered by such security, or that required improvements
have been installed as provided in this section and in sufficient
amount to warrant reduction in the amount of said security or that
the character and extent of such development requires additional improvements
previously waived for a period stated at the time of fixing the original
terms of such security, the Planning Board may modify its requirements
for any or all such improvements, and the value of such security shall
thereupon be reduced or increased by an appropriate amount so that
the new value will cover the cost in full of the amended list of improvements
required by the Planning Board and any security may be reduced or
increased proportionately.
C.
General liability insurance.
(1)
Procedure. The general contractor shall file with
the Village Attorney a general liability insurance policy at the same
time as the general contractor files a performance bond. The Village
Board shall approve the policy as to form. The policy shall be in
force during the term of the performance bond and shall be extended
to conformance with any extension of the performance bond.
(2)
Coverage. The policy shall ensure the Village and
the general contractor and shall cover all options in the development
involving the existence and maintenance of property and buildings
and contracting operations of every nature, including all public improvements.
Said policy shall have limits of liability of $1,000,000 for bodily
injury and property damage combined single limit with a general aggregate
of $2,000,000 for each accident, or such higher limits as the Planning
Board may require.
D.
Maintenance bond. The subdivider shall file with the
Village a maintenance bond in an amount based on 10% of the performance
bond estimate or improvement costs and which shall be adequate to
assure the satisfactory condition of the initial public improvements
for a period of one year following their completion and acceptance
by the Village Board. Such bond shall be satisfactory to the Village
Attorney as to form, manner or execution and surety and shall be approved
by the Village Board.
E.
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
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 alternation 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 and the
Village Board at their next regular meetings.
F.
Supervision of improvements. The construction of all
required improvements shall be supervised by an engineer employed
by the Village who, after completion of construction, shall certify
to the Planning Board and Village that all required improvements have
been constructed, as required and approved by the Board or as modified
by the Board.
G.
Inspections:
(1)
Routine inspections.
(a)
All improvements will be inspected by the Village
Engineer to ensure satisfactory completion. In no case shall any paving
(including prime and seal coats) work be done without permission from
the Village Engineer. At least five days notice shall be given to
the Village Engineer prior to any such construction, so that a representative
of the Village may be present at the time work is to be done. The
Village Engineer shall be notified after each of the following phases
of the work has been completed so that the Village Engineer or the
duly authorized representative may inspect the work:
(b)
If the Village Engineer or other duly designated
official does not carry out inspection of required improvements during
construction, the subdivider or the bonding company shall not in any
way be relieved of their responsibilities.
(2)
Final inspection. A final inspection of all improvements
will be made to determine whether the work is satisfactory and in
substantial agreement with the approved final plat drawings and in
compliance with the Village specifications as of the time the offer
of dedication of the roads is made to the Village Board. The general
condition of the site shall also be considered. Upon a satisfactory
final inspection report, action will be taken to release the letter
of credit or equivalent security covering such improvements and utilities.
(3)
Inspection fee.
[Amended 7-18-2006 by L.L. No. 4-2006]
(a)
The Village Board shall provide for the inspection
of all required public improvements to ensure satisfactory completion.
The landowners shall pay an inspection fee to the Village prior to
the commencement of construction equal to 6% of the amount estimated
for the cost of such improvements for any site plan and/or subdivision
upon which public improvements or utilities are proposed.
(b)
The Village shall account to the landowner for
any surplus funds to be returned at the completion of construction
and necessary inspections. The landowner shall be responsible for
any deficiencies, which shall be due and payable prior to the acceptance
of such improvements.
(c)
The plat shall not be released for recording
nor shall any building permit be issued until the inspection fee is
paid, which shall in all instances not be later than the time of final
approval.
(d)
Payee. All of the above fees shall be payable
by check to the Village, stating the specific purpose of each fee.
(e)
Expert consulting fee. The cost of obtaining
and securing the advice or assistance of any expert consultant or
consultants shall be paid by the applicant, and the Planning Board
may require the applicant to deposit funds in a reasonable amount
to assure payment of any consultant, and any surplus shall be returned
after the consultant's bill is received and paid in full. The Planning
Board Engineer's fees shall be deemed included within the term "expert
consulting fee" as used herein.
H.
Proper installation of improvements. If the Village
Engineer shall find, upon inspection of the improvement performed
before the expiration date of the letter of credit or equivalent security,
that any of the required improvements have not been constructed in
accordance with plans and specifications filed by the subdivider,
the Village Engineer shall so report to the Village Board, Building
Inspector and 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's rights under the bond. The
Village Board may thereupon declare the bond in default and collect
the sum remaining payable thereunder, and upon receipt of the proceeds
thereof, the Village shall install such improvements as are covered
by such bond and commensurate with the building development that has
taken place in the subdivision, but not exceeding in cost the amount
of such proceeds. In making such determination regarding streets,
highways, parks and required improvements, the Planning Board shall
take into consideration the prospective character of the development,
whether dense residence, open residence, business or industrial. No
plat shall be approved by the Planning Board as long as the subdivider
is in default on a previously approved plat.
A.
Final approval and filing. Upon completion of the
requirements as set forth in these specifications to that effect upon
the subdivision plat and upon the approved public improvements and
utility plan and profiles, the plat shall be deemed to have final
approval and shall be properly signed by the appropriate officer of
the Planning Board (Chairperson or Acting Chairperson) upon receipt
of notification that the letter of credit or equivalent security has
had the approval of the Village Attorney and the Village Board, and
that the required inspection fee has been deposited. It may then be
filed by the applicant in the office of the County Clerk. Planning
Board approval of a final plat shall not be deemed an acceptance by
the Village of any street or other land shown as offered for dedication
to public use.
B.
Distribution. After the Planning Board Chairman signs
the final plat indicating approval, the documents shall be distributed
by the Planning Board in the following manner:
(1)
Subdivider: all original final plat drawings and the
two opaque cloth prints, the latter to be filed by the subdivider
in the Orange County Clerk's office.
(2)
Building Inspector: one final plat and public improvements
paper print.
(3)
Tax Assessor: one final plat paper print.
(4)
Village Clerk: one opaque polyester or cloth print
from the Orange County Clerk's office showing official file date.
(5)
Village Engineer: one paper print each of the final
plat and the public improvement and utilities plan and profiles.
(6)
Village Department of Public Works Superintendent:
one paper print each of the final plat and the public improvement
plan.
[Amended 6-21-2011 by L.L. No. 2-2011]
(7)
Planning Board: one tracing cloth print and one paper
print of the final plat and the public improvement and utilities plan
and profiles.
C.
Expiration of approval.
(1)
The final approval of a final plat, or the certificate
of the Village Clerk as to the failure of the Planning Board to act
within the time required by law, shall expire within 60 days after
the date of the signing of the plat by the Chairperson, unless filing
of the plat or a section thereof is accomplished by that time in the
office of the Orange County Clerk. Such endorsement shall stipulate
that the plat does not conflict with the county's Official Map, where
one exists, or, in cases where plats do front on or have access to
or are otherwise related to road or drainage systems shown the county
map, that such plat has been approved in the manner specified by § 239-k
of the General Municipal Law.[1]
[1]
Editor's Note: See now § 239-f of
the General Municipal Law.
(2)
Expiration of an approval shall mean that any further
action will require a new filing fee, as well as a review of all previous
findings.
D.
Filing in sections. At the time the Planning Board
grants plat approval, it shall permit or may require the plat to be
divided into two or more sections subject to any conditions the Board
deems necessary in order to ensure the orderly development of the
plat. The applicant may file a section of the approved plat with the
County Clerk if said section constitutes at least 10% of the total
number lots contained in the approved plat. In these circumstances,
preliminary plat approval on the remaining sections of the plat shall
remain in effect for three years from the filing date of the first
section. When a plat is filed by section with the County Clerk, the
applicant shall, within 60 days, file with the Village Clerk the entire
approved preliminary plat. The owner shall not be permitted to begin
construction of buildings in any other section until such section
has been filed in the office of the County Clerk and the required
improvements have been installed in such section and a bond covering
the cost of such improvement is posted.
E.
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 Planning
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 Planning Board of any street,
utility easement, park or other open space shown on such subdivision
plat offered for dedication to public use.
B.
Every street shown on a plat that is filed or recorded
in the office of the County Clerk as provided in this chapter shall
be deemed to be a private street until such time as it has been formally
offered for dedication to be a public street by resolution of the
Village or, alternatively, until it has been condemned by the Village
for use as public street.
C.
After such plat is approved and filed, subject, however,
to review by a court as hereinafter provided, the streets, highways
and parks shown on such plat shall become a part of the Official Map
or Plan of the Village. The owner of the land or duly authorized agent
who filed the plat may add as part of the plat a notation, if so desired,
to the effect that no offer of dedication of such streets, highways
or parks or any of them is made to the public.
(1)
No public Village street, utility or improvement shall
be constructed by the Village in any street or highway until it has
become a public street or highway and is duly placed on the Official
Map or Plan.
(2)
No permit for the erection of any building shall be
issued unless a street or highway giving access to such proposed structure
has been duly placed on the Official Map or Plan or, if there is no
Official Map or Plan, unless such street or highway is an existing
state, county or Village street, road or highway; or a street shown
upon a plat approved by the Planning Board, as provided under the
provisions of this chapter, was in effect at the time such plat was
approved; or a street on a plat duly filed and recorded in the office
of the County Clerk prior to the appointment of such Planning Board
and the grant to such Board of the power to approve plats. Before
such permit shall be issued, such street or highway shall have been
suitably improved to the satisfaction of the Village Board in accordance
with standards and specifications approved by the appropriate Village
officers as adequate in respect to the public health, safety and general
welfare for the special circumstances of the particular street or
highway or, alternatively and in the discretion of such Board, a performance
bond sufficient to cover the full cost of such improvement as estimated
by such Board or other appropriate Village departments designated
by such Board shall be furnished to the Village by the owner. The
performance bond shall be approved by the Village Board and shall
also be approved by the Village Attorney as to form, sufficiency of
security and surety and manner of execution.
(3)
Where the enforcement of the provisions of this section
would entail practical difficulty or unnecessary hardship or where
the circumstances of the case do not require the structure to be related
to the existing or proposed streets or highways, the applicant for
such a permit may appeal from the decision of the administrative officer
having charge of the issuance of permits to the Board of Appeals,
and the same provisions are hereby applied to such appeals and to
such board as are provided in cases of appeals on zoning regulations.
The Board of Appeals may in passing on such appeal make any reasonable
exceptions and issue the permit subject to conditions that will protect
any future street or highway layout or to grant a permit for a building
in such street or highway which will as little as practicable increase
the cost of opening such street or highway or tend to cause a change
of such Official Map or Plan. In addition, the Board of Appeals may
impose reasonable requirements as a condition of granting such permits,
which requirements shall inure to the benefit of the Village.
D.
Before taking any action authorized in this section,
the Board of Appeals or similar board shall conduct a hearing at which
parties in interest and others shall have an opportunity to be heard.
Any such decision shall be subject to review in the same manner and
pursuant to the same required public hearings and all other requirements
of this chapter.
E.
Filing; notations on Zoning Map. On the filing of
a plat in the office of the County Clerk in which § 281[1] has been used, the subdivider shall file a copy with the
Village Clerk who shall make appropriate notations and reference thereto
in the Village Zoning Map. The Secretary of the Planning Board shall
notify the Building Inspector when such a plat is filed.
[1]
Editor's Note: See now § 7-728 of
the Village Law.
A stormwater pollution prevention plan consistent with the requirements of Chapter 168, Articles I and II, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 168, Article II. The approved site plan shall be consistent with the provisions of Chapter 168, Articles I and II.
Fees are to established by the Village Board
and periodically updated.
