The Planning Board may designate a consulting engineer, Village
Attorney and/or other professionals as needed to inspect the subdivision
plat and construction detail sheets, to confer with the subdivider
and/or the subdivider's engineer and report to the Planning Board
on the adequacy of the subdivision plat. All fees associated with
project review shall be the responsibility of the applicant as per
Subsections B through E below.
A. Responsibilities of the Village-designated engineer or other consulting
professional. It shall be the responsibility of the Village-designated
engineer to:
(1) Review all subdivision and engineering plans furnished by the subdivider.
(2) Attend each Planning Board meeting when the subdivision is scheduled
to be discussed.
(3) Submit to the Board and the subdivider an estimate of charges for
the review and inspection of the subdivision.
(4) Advise the subdivider, Planning Board and Superintendent of Public
Works, in writing, of his/her approval, approval with reservations
or disapproval of the plat and any amendments and other submissions
thereof, based on compliance with Village standards and requirements.
(5) Review any agency's requirements made on the development, including,
but not limited to, the state, county and Village.
(6) Confirm all easement and right-of-way descriptions, warranty and
quitclaim deeds, and that Village utilities are appropriately located
on these easements and rights-of-way.
(7) Approve and deliver to the Village Attorney a complete packet of
developer-signed easements and highway right-of-way deeds.
(8) Notify the Chairperson of the Planning Board of any unforeseen items
of concern in the course of review or the construction of the subdivision
that may affect the integrity of the final subdivision.
B. Estimate and payment of fees. The Planning Board shall be authorized,
on a case-by-case analysis, to require the applicant to establish
an escrow account to reimburse the Village of Athens for the legitimate
costs of review associated with the application. The funds may be
utilized for the paying of professionals qualified to review the required
plans, reports and other technical information submitted in support
of an application. The initial amount of the establishment of the
escrow account shall be determined on a case-by-case basis as is estimated
to be reasonable and necessary to cover the cost of the review to
be incurred by the Village. All necessary reviewing professionals
assisting the Village in such reviews shall provide an estimate of
the approximate cost of review services. The Village shall submit
an itemized bill to the applicant at least five days prior to any
deduction of such amount billed from the escrow account. In the event
the applicant objects to any portion of such itemization, payment
therefor may not occur unless all parties agree to such itemization.
In the event no agreement may be made, the matter shall be submitted
to binding arbitration in accordance with the rules and procedure
of the American Arbitration Association.
C. Replenishment of escrow. The Board, agency or permitting authority
may periodically and at its discretion require the replenishment of
the escrow account established hereunder.
D. Payment before final approval. Any engineering, legal or other consultant
review charges imposed hereunder shall be paid in full by applicant
prior to the Board, agency, other permitting authority making or required
to make any final decision with regard to the subject matter application.
E. Refund of unused fees. Upon completion of the application and review
process, any balance remaining in the escrow account shall be refunded
to the applicant within 30 days of the submission and payment of the
final bill by the Village and payment in full of all application and
approval fees.
If the subdivider should fail to submit final plans for signature
within six months of Planning Board approval, the approval shall be
considered null and void unless an extension of time is requested
by the subdivider, in writing, and is granted by the Planning Board
before the expiration date.
A. Every copy of the final plat submitted for signature shall carry
the following endorsement.
|
"Approved by resolution of the Planning Board of the Village
of Athens, New York, on the ____ day of ____________, 20 ___, subject
to all requirements and conditions of said resolution. Any change,
erasure, modification or revision of this plat, as approved, shall
void this approval. Signed this _____ day of ____________, 20 ___
by Chairperson ___________________."
|
B. Every copy of the final plat submitted for signature shall have a
separate line for signatures by the Village-designated engineer and
the Superintendent of Public Works.
C. The subdivider shall be responsible for complying with the mandated
review of the Greene County Health Department of the proposed subdivision
and for providing proof thereof to the Town Planning Board
D. The Village-designated engineer shall inspect the construction of
all land and utility improvements and assure that they are in conformance
with Village standards and specifications.
E. The subdivider shall provide the Planning Board with two Mylar copies
of the site plan, three paper copies of the site plan and three paper
copies of all final plat sheets.
F. The Chairperson of the Planning Board, Village-designated engineer
and Superintendent of Public Works, if applicable, will sign the final
plat, once all conditions have been met.
G. The subdivider shall have the Greene County Clerk stamp all copies
of the final plat. The Greene County Clerk will file one Mylar copy
and one paper copy of the final plat submission.
H. The subdivider shall file the remaining one Mylar, three paper full
set and two paper site plans and stamped copies of the final plat
with the Planning Board.
I. The subdivider shall bear all fees in connection with the filing
of the plat
J. The final plat shall be filed with the Greene County Clerk in the
manner required by § 7-728 of the New York Village Law before
the sale of any lots within such subdivision.
K. 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. In the event that the
subdivision plat, when recorded, contains any such changes, the plat
shall be considered null and void, and the Planning Board shall institute
proceedings to have such plat stricken from the records of the County
Clerk.
L. The subdivider shall provide the post office having jurisdiction
of the site one paper copy of the site plan. A receipt from the post
office of such filing will be necessary to apply for building permits.