Village of Monroe, NY
Orange County
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Table of Contents
Table of Contents
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:
(a) 
Drawing sheet.
[1] 
Size shall be in conformance with requirements for filing in the County Clerk's office.
[2] 
If more than one sheet is required, a clearly draw cut line shall be shown on both sheets and on the key map.
(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:
[1] 
Wetlands, marshes, rivers, lakes and watercourses.
[2] 
Highways and streets.
[3] 
Political subdivisions.
[4] 
Cut or match lines for two or more drawing sheets shall be indicated within the site boundaries, with each section numbered according to the corresponding sheet.
(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.
[1] 
Smaller or larger intervals may be required by the Planning Board when advisable due to the terrain.
[2] 
Topographic and planimetric information shall extend 100 feet as a minimum (or as necessary) beyond the subdivision boundary line.
[3] 
Proposed finish grades shall be indicated.
(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.
[2] 
Street rights-of-way and widening of rights-of-way on the subdivision and within 200 feet of its boundaries.
[a] 
Name.
[b] 
Location and width.
[c] 
Center line elevations at intersections and other critical points.
[3] 
Other rights-of-way and easements on the subdivision.
[a] 
Identification.
[b] 
Location and width.
[c] 
Restrictions on use, if any.
[4] 
Drainage structures on the subdivision and within 200 feet of its boundaries.
[a] 
Type of structure.
[b] 
Location, invert elevations, gradients, types and sizes of all pipe and all other structures, where applicable, and direction of flow.
[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.
[a] 
Location and area covered indicating the apparent high-water level.
[b] 
Waterline on the date of the survey and the survey date.
[c] 
Maximum depth of water at critical points.
[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.
[2] 
Lot layout.
[a] 
Lot lines and dimensions scaled to the nearest foot. Suggested location of buildings.
[b] 
Building setback line (dashed) and dimensions.
[c] 
Identification of the buildable portion on each lot.
[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] 
Lot layout.
[a] 
Number identification by a suitable system of consecutive numbers; numbers shall be circled and shall related to the Village Tax Maps.
[b] 
Lot lines with accurate dimensions.
[c] 
Building setback lines with dimensions, grades and location of all proposed buildings conforming to Chapter 200, Zoning. Lot areas for each lot shall be measured accurately to the nearest square foot.
[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:
[1] 
Water supply and distribution.
[a] 
Location of source on property or, where piped in, the size of the supply main.
[b] 
Location and size of all distribution mains.
[c] 
Location of fire hydrants.
[d] 
Location of control valves.
[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.
[1] 
Drawings shall be prepared with the following scales.
[a] 
Horizontal scale: one inch equals 50 feet.
[b] 
Vertical scale: one inch plus five feet (or other scale approved by the Board).
[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.
(d) 
Pay the required inspection fee of 6%[1] of public improvements costs to the Village.
[1]
Editor's note: Changed 7-18-2006 pursuant to L.L. No. 4-2006.
[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:
[1] 
Road subgrade.
[2] 
Curb and gutter forms.
[3] 
Road paving, after each coat in the case of priming and sealing.
[4] 
Sidewalk forms.
[5] 
Sanitary sewers, drainage pipe and other drainage structures before backfilling.
[6] 
All underground utilities prior to backfilling.
(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.
[Added 11-20-2007 by L.L. No. 6-2007[1]; amended 6-13-2017 by L.L. No. 6-2017]
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.
[1]
Editor’s Note: Pursuant to this local law, former § 175-11, Fees, was redesignated as § 175-11.1.
Fees are to established by the Village Board and periodically updated.