Whenever any subdivision or resubdivision of
land in the Village of Tivoli is proposed, the subdividing owner,
or his authorized agent, shall apply for and secure approval of such
proposed subdivision before any contract for the sale of any part
thereof is made and before any permit for the erection of a structure
in such proposed subdivision shall be granted. Approval of a proposed
subdivision shall be obtained in accordance with the procedure specified
in this article.
A.
Preapplication procedure. Prior to filing a formal application for approval of a preliminary layout pursuant to § 198-10, the applicant shall:
(1)
Determine the requirements of the Village of Tivoli
Planning Board, the Dutchess County Planning Board (where development
is along roadway shown on the County Official Map, as it may be adopted),
the Dutchess County Highway Department (where development is along
county or state road), the Dutchess County Health Department, the
New York State Department of Public Works (where development is along
county or state road), whose approval is required by this chapter,
the Sanitary Code of Dutchess County and the General Municipal Law
of the State of New York.
B.
Review of a sketch plan. The Planning Board shall
review the applicant's sketch plan and within 30 days of the submission
date shall inform the applicant, in writing, that the proposed subdivision,
as submitted or as modified, will meet the objectives of this chapter.
In the event that the sketch plan is found totally unacceptable, the
applicant will be asked to submit a new plan before proceeding with
a preliminary layout. Reasons for recommended modifications of the
sketch plan or total rejection shall be stated on the records of the
Planning Board.
A.
Application procedure. Prior to filing an application
for the approval of a final plat, the applicant shall file an application
for the approval of a preliminary plat. The application shall:
(1)
Be made on forms available at the office of the Village
Clerk.
(2)
Include all land which the applicant proposes to subdivide.
(4)
Comply in all respects with the requirements specified
in § 7-728, Subdivision 5, of the Village Law.
(5)
Be submitted to the Chairman of the Planning Board
or the Village Clerk.
(6)
Be accompanied by a fee as set by resolution of the
Village Board from time to time.
B.
Study of preliminary plat. The Planning Board will carefully study the practicability of the preliminary plat, taking into consideration the requirements of the community, the best use of the land being subdivided, and the policy set forth in § 198-3. Particular attention will be given to:
(1)
The proposed arrangement, location and width of streets;
(2)
The relation of proposed streets to the topography
of the land;
(3)
Sewage disposal;
(4)
Drainage, proposed lot sizes, shape and layout;
(5)
Future development of adjoining lands as yet unsubdivided;
(6)
The requirements of the Comprehensive Plan, as it
may be adopted, and the Official Map; and
(7)
Matters enumerated in § 7-728, Subdivision
5, of the Village Law.
C.
Applicant to attend Planning Board meeting. The applicant
should be prepared to attend a regular meeting of the Planning Board
to discuss the preliminary plat and the Board's tentative conclusions.
D.
Required changes for conditional approval.
(1)
Following review of the preliminary plat and other material submitted for conformity thereof to this chapter and negotiations with the applicant on changes deemed advisable and the kind and extent of improvements and reservations to be made by him, the Planning Board shall, within 62 days of the meeting mentioned in Subsection C above, act thereon as submitted or modified, and, if approved, the Planning Board shall express its approval as conditional approval and state the conditions of such approval, if any; or, if disapproved, shall express its disapproval and its reasons therefor in the minutes of the meeting.
(2)
The action of the Planning Board shall be noted on
the two copies of the preliminary plat, referenced and attached to
any conditions determined. One copy shall be returned to the applicant
and the other retained by the Planning Board.
(3)
Approval of preliminary plat shall not constitute
approval of the final plat. Rather, it shall be deemed an expression
of approval to the layout submitted on the preliminary plat as a guide
to the preparation of the final plat which will be submitted for approval
of the Planning Board and for recording upon fulfillment of the requirements
of this chapter and the conditions of the approval, if any.
(4)
Approval of the preliminary plat may not be revoked
by the Planning Board unless a substantial change in the character
of the area or the availability of new information about the site
and its surroundings indicate the unsuitability of the development,
as shown on the preliminary plat. Before such revocation, the applicant
shall be informed, in writing, of the reasons therefor, and shall
be given an opportunity to be heard before the Planning Board.
(5)
Approval of a preliminary plat shall expire after
six months from the date of approval. Extensions for periods of six
months may be granted by the Planning Board upon application. Such
applications for extensions may be granted unless changed conditions
or new information indicate the unsuitability of the development as
shown on the preliminary plat.
A.
Application procedure. Within six months after tentative
approval of the preliminary plat was granted, the applicant shall
file with the Planning Board an application for approval of a final
plat. The application shall:
(1)
Be made on forms provided by the Planning Board at
the time tentative approval of the preliminary plat was granted.
(2)
Include the entire subdivision, or a section thereof,
which derives access from a street improved to Village standards,
or for which street a bond covering such improvement is held by the
Village.
(4)
Comply in all respects with the preliminary layout,
as tentatively approved.
(6)
Be presented to the Chairman of the Planning Board
at least two weeks prior to a regular meeting of the Board.
B.
Procedures for final plat approval shall conform with
§ 7-728, Subdivision 6, of the Village Law.
C.
Signing of plat.
(1)
Every plat approved by the Board shall carry a written
endorsement of the Planning Board signed by the Chairman. In the absence
of the Chairman or Secretary, the Acting Chairman or Acting Secretary,
respectively, may sign in his place.
(2)
A plat shall not be signed by the authorized officers
of the Board until the applicant has met all the conditions of the
action granting approval of such plat.
D.
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made on any plat after approval
has been given by the Board. In the event that any plat, when recorded,
contains any such changes, the final plat shall be considered null
and void, and the Board shall institute proceedings to have said plat
stricken from the records of the County Clerk.
E.
Filing of approved plat. Approval of the final plat
shall expire within 62 days from the date of such approval unless
within such sixty-two day period such plat shall have been duly recorded
by the owner in the office of the Dutchess County Clerk, pursuant
to § 7-728, Subdivision 11, of the Village Law.
F.
Division of plat into two or more sections. The Planning
Board may permit the final plat to be divided into two or more sections,
subject to such conditions as it deems necessary to assure orderly
development of the subdivision. Approval of the sections shall be
granted concurrently with the approval of the final plat. The approved
plat, or any approved section thereof, shall be recorded within 62
days of approval, subject to any conditions imposed, and shall encompass
at least 10% of the total number of lots shown on the final plat.
Approval of any other sections not recorded shall expire unless recorded
before the expiration of the period to which such plat is entitled
under the provisions of § 7-708 of the Village Law. In the
event that the applicant does not record all approved sections, the
entire plat shall be filed with the Village Clerk within 30 days from
the recording of the final plat, or any approved section thereof,
and the applicant shall file with the Planning Board a photostat copy
of the final plat certified by the County Clerk to be a true copy
of the recorded plat.
G.
Public acceptance of proposed streets and park areas.
The approval by the Planning Board of a plat shall not be deemed to
constitute or imply the acceptance by the Village of any street, park,
playground or other open space shown on said plat. The Planning Board
may require said plat to be endorsed with appropriate notes to this
effect. The Planning Board may also require the filing of a written
agreement between the applicant and the Village Board covering future
title, dedication and provision for the cost of grading, development,
equipment and maintenance of any park or playground area.
H.
"As-built" drawings of required improvements. Drawings
showing the location of all required improvements as-built shall be
certified by a licensed land surveyor and filed with the Planning
Board at least 30 days prior to the acceptance of the improvements
by the Village.
For a resubdivision, the same procedure shall
apply as for a subdivision. If the proposed resubdivision consists
solely of the simple alteration of lot lines where no additional lots
would be created, then normal subdivision procedures may be waived
at the discretion of the Planning Board. A statement indicating such
shall be part of the Planning Board's record on the subdivision. Notification
of the purpose for the division (i.e., lot-line adjustment) shall
be shown on the plat and in the deeds. Tax numbers shall be reassigned
to the new legal descriptions.
Where compliance with this chapter would cause unusual hardship, extraordinary difficulties or be inappropriate because of exceptional and unique conditions, the minimum requirements of this chapter may be waived or modified to mitigate the hardship, provided that the public interest is protected and the development is in keeping with the general spirit and intent of this chapter; the Official Map; Chapter 231, Zoning; and the Comprehensive Plan.
A building permit for erection of a structure
in a development laid out subsequent to the adoption of this chapter
shall not be issued unless the street giving access to the proposed
building appears on a recorded plat approved by the Planning Board
and unless such street has been suitably improved or bonded to cover
the full cost of such improvement.
No public municipal 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.
A.
The Village Board may, by local law, provide for additional
remedies to prevent or abate violations and to establish penalties
for violations, as provided by law.
B.
Any person, firm or corporation who shall violate
any of the provisions of this chapter shall, upon conviction, be punishable
by a fine of not more than $250 or imprisonment for not more than
15 days, or both. Each day of continuance of an offense shall be considered
a separate offense.
