Pursuant to Municipal Home Rule Law § 10
and Village Law Article 7, for the purpose of providing for the future
growth and development of the Village and affording adequate facilities
for the housing, transportation, distribution, comfort, convenience,
safety, health and welfare of the public, the Planning Board is authorized
and empowered to review, approve, approve with modification and disapprove
plats showing lots, blocks or sites, with or without streets or highways,
and to conditionally approve preliminary plats. For the same purposes
and under the same conditions, the Planning Board is authorized and
empowered to review, approve, approve with modification or disapprove
the development of plats, entirely or partially undeveloped, which
have been filed with the Jefferson County Clerk prior to the effective
date of this chapter.
This chapter shall be known and cited as the
"Subdivision Control Law of the Village of Alexandria Bay."
This chapter shall be administered by the Planning
Board and the Subdivision Inspector or the Zoning Enforcement Officer.
When, in the opinion of the Planning Board,
undue individual hardship may result from strict compliance with this
chapter, it may modify the application of the provisions of this chapter
so that substantial justice may be done and the public interest secured,
provided that such modification will not have the effect of nullifying
the intent and purpose of this chapter.
Whenever any subdivision of land is proposed
to be made and before any contract for sale of or any offer to sell
such subdivision or any part thereof is made, the subdivider or his
agent shall apply, in writing, to the Planning Board for approval.
Applications may be obtained from and filed with the Village Clerk.
The fees to cover the administrative expenses as established below
shall be paid to the Village Clerk. No persons shall subdivide land,
sell subdivided land or contract for the sale of subdivided land without
written approval of the subdivision by the Planning Board as provided
in this chapter.
A.
Fees. All applicants for any permit, approval or variance
under this chapter are required to pay a fee to cover the administrative
expenses of the Village. Failure to pay such fee shall be deemed a
violation of this chapter.
B.
All applications for any approval, permit or variance
shall be accompanied by a cash deposit, certified check or surety
bond payable to the Village of Alexandria Bay in an amount determined
by:
(1)
The Mayor, for all applications requiring the Village
Board of Trustees' final approval or other action.
(2)
The Chairman of the Planning Board, for all applications
requiring the Planning Board's final approval.
(3)
The Chairman of the Zoning Board of Appeals, for all
applications requiring such Board's approval.
(4)
The Zoning Officer, for matters requiring his final
approval or action.
C.
The Mayor, Chairman of the Planning Board, Chairman
of the Zoning Board of Appeals and Zoning Officer, as the case may
be, should obtain estimated expenses from the Village Engineer, Village
Attorney and Village Clerk prior to setting the amount of the cash
deposit, certified check or surety bond required of each applicant.
D.
The Mayor, Chairman of the Planning Board, Chairman
of the Zoning Board of Appeals or Zoning Officer, as the case may
be, may require additional security for the Village's administrative
expense, in accordance with the provisions of this section, in the
event that the Village's potential liability for such expense exceeds
the initial amount deposited.
E.
Upon completion of the latter of final approval or
rejection of the subdivision plan or final approval of any and all
completed improvements and submission of all final bills to the Village
for its administrative expenses incurred as a result of the applicant's
proposed subdivision, all unused funds or proceeds from a surety bond
shall be refunded to the applicant.
