Whenever any subdivision or resubdivision of land is proposed to be made, before any contract for sale of any part thereof and before any permit for erection of a structure in such proposed subdivision shall be granted, the subdivider shall apply in writing to the Planning Board for and secure approval of the proposed subdivision in accordance with the following procedures.
Following information shall be submitted for consideration with any application:
A. 
Subdivision name or title, address at which it is located, scale, North point, date and site location map.
B. 
Name and addresses of subdivider and professional advisers, including license numbers and seals.
C. 
Drawing sheet size, either 17 inches by 22 inches; 22 inches by 34 inches; or 34 inches by 42 inches.
D. 
Scale either one inch to 50 feet; one inch to 100 feet; or one inch to 200 feet.
E. 
Subdivision boundaries and approximate boundaries of contiguous properties and names of owners.
F. 
Existing restrictions on the use of land, including easements, covenants and zoning boundaries.
G. 
Existing and proposed streets and structures, watercourses, marshes, wooded areas, public facilities and other significant physical features on and near the proposed subdivision.
H. 
Utilities available and streets which are proposed, mapped or built.
I. 
Proposed pattern of lots, including typical lot width and depth, street layout, open space, systems of drainage, sewerage and water supply within the subdivided area.
J. 
Total acreage of subdivision and number of lots proposed.
K. 
Building types, approximate size and cost.
The official submission date for a subdivision plat shall be the date of the regular monthly meeting of the Planning Board, which is at least 15 days after the date when the application for approval of the subdivision plat, complete with all other requirements, has been filed with the Clerk.
Before any plat is approved, a public hearing shall be held by the Planning Board after public notice has been advertised, as required by law.
A. 
The subdivider shall, prior to submitting an application for subdivision of land, submit to the Clerk at least 15 days prior to the regular meeting of the Planning Board two copies of a sketch plan of the proposed subdivision.
B. 
The subdivider shall attend the Planning Board meeting to discuss the requirements of this chapter.
C. 
The Planning Board shall classify the proposed subdivision as either a major or minor subdivision. The Planning Board may require that a minor subdivision comply with some or all of the requirements specified for a major subdivision.
D. 
The Planning Board shall study the sketch plan to determine whether or not it conforms to, or would be in conflict with Chapter 201, Zoning; the Comprehensive Plan; developments proposed by any public agency; existing private and public development, facilities and services, including reservations of land, street improvements, drainage, sewerage, water supply, fire protection, and availability of services; and for any special problems that may be encountered.
E. 
The Planning Board shall determine whether the sketch plan meets the purposes of this chapter and shall, where it deems it necessary, make specific written recommendations to be incorporated by the subdivider in the next submission.
The sketch plan should be either on a topographical survey map, or on an enlargement of the USGS quadrangle sheet enlarged to a scale of one inch to 200 feet. It may be a freehand sketch on a print of such map and must have all information required under § 165-310.
Within six months after classification of the sketch plan as a minor subdivision, the subdivider shall file an application and four copies of the drawings for approval, and a fee as established by the legislative Board.
A. 
The plat shall conform to the layout shown on the sketch plan plus any recommendations made by the Planning Board.
B. 
A public hearing shall be held by the Planning Board within 45 days from the time of submission of the plat for approval.
C. 
The subdivider shall attend the hearing.
D. 
The Planning Board shall within 45 days after the public hearing approve, modify and approve, or disapprove the subdivision plat. Grounds for disapproval shall be stated in the Planning Board minutes. Failure to so act shall be deemed approval.
E. 
If the plat is approved, six copies shall be endorsed by the Planning Board in accordance with § 165-30 of this chapter.
F. 
If the plat is approved it shall be filed in accordance with § 165-31 of this chapter.
In the case of a minor subdivision, the subdivision plat application shall include the following:
A. 
Information required under § 165-10 updated and accurate.
B. 
Field survey and boundary lines of the tract, giving complete description data by bearings and distances, made and certified by a licensed land surveyor. The corners of the tract shall be located on the ground and marked by monuments and shall be referenced and shown on the plat.
C. 
On-site sanitation and water supply facilities shall be designed to meet the specifications of the State Department of Health, and a note to this effect shall be stated on the plat and signed by a licensed engineer.
D. 
A copy of such covenants or deed restrictions as are intended to cover all or part of the tract.
Prior to filing application for approval of a major subdivision plat, the subdivider shall file an application and four copies of the drawings and a fee, as established by the legislative board, for consideration of a preliminary subdivision plat.
A. 
The preliminary plat shall comply with the requirements of this chapter, except where a waiver may be specifically authorized by the Planning Board.
B. 
The subdivider shall attend the Planning Board preliminary hearing.
C. 
The Planning Board shall review the preliminary plat submitted for conformity to this chapter.
D. 
Prior to preliminary approval, the Planning Board may hold another preliminary hearing.
E. 
Within 45 days after the time of the official submission date, the Planning Board shall take action to approve, with or without modifications, or disapprove the preliminary plat. Grounds for any modification required or for disapproval shall be stated in the Planning Board minutes.
F. 
When granting approval to a preliminary plat, the Planning Board shall state the conditions, if any, with respect to:
(1) 
Specific changes which it will require.
(2) 
Character and extent of the required improvements for waivers.
(3) 
Amount of improvement or the amount of all bonds which it will require.
G. 
The action of the Planning Board plus any conditions attached thereto shall be noted on three copies of the preliminary plat. One copy shall be returned to the subdivider, and one to the legislative board.
H. 
Approval of a preliminary plat shall not constitute approval of the subdivision plat, but rather it shall be deemed an expression of approval of the design submitted as a guide to preparation of the subdivision plat.
I. 
Prior to approval of the subdivision plat, the Planning Board may require additional changes as a result of further study.
The following information shall be submitted for consideration of a major subdivision preliminary plat.
A. 
Information required under § 165-10 updated and accurate.
B. 
Contours with intervals of not more than 10 feet; however, if the grade is less than 5%, contours shall be at two-foot intervals for that area. Datum plane shall be that of the United States Geological Survey. Approximate grading plan if existing contours are to be changed more than three feet.
C. 
Field survey of the boundary lines of the tract and deed description giving complete data by bearings and distances, made and certified by a licensed land surveyor.
D. 
Location, width and approximate grade of proposed streets.
E. 
Approximate location, dimensions, area and number of lots and blocks.
F. 
Approximate location and dimensions of property to be dedicated for public use.
G. 
Boundaries of proposed permanent easements over private property.
H. 
Location of existing sewers, water mains, storm drainage culverts, with pipe sizes and direction of flow.
I. 
Location of existing utilities, including gas lines, fire hydrants, electric and telephone facilities and streetlights.
J. 
Proposed provision of water supply, fire protection, disposal of sanitary wastes, stormwater drainage and sidewalks.
Soil percolation tests shall be conducted in proposed subdivisions where no public sewers are available, as follows:
A. 
Soil percolation tests shall be conducted according to State Department of Health standards.
B. 
Tests should be made to ascertain surface soil, rock and groundwater conditions, depth to groundwater unless test pits are dry at a depth of five feet below finished grade, location and results of soil percolation tests if individual sewage disposal is contemplated.
C. 
Tests will be required on a basis of one test per acre of subdivision area, but in no case less than three test holes, taken in a logical pattern, and their locations shown on the plat.
D. 
Soil test results shall appear on the final plat which is to be approved and recorded.
Prior to the official submission of the subdivision plat to the Planning Board, the subdivider shall submit the plat to the District Engineer of New York State Department of Health to secure their endorsement and approval of sewer and water facility proposals and construction drawings.
If the proposed subdivision is within 300 feet of an existing or proposed state or county highway, the subdivider shall submit the plat to the County Highway Superintendent and secure endorsement and approval of the plat and construction drawings.
The preliminary subdivision plat shall be accompanied by construction detail drawings. All plans shall be subject to approval of the Planning Board's engineer. The following information shall be required on construction detail drawings:
A. 
Plans and profiles showing existing and proposed elevations along center lines of all streets within the subdivision.
B. 
Plans and profiles showing the location of street pavements, curbs, gutters, sidewalks, manholes, catch basins and culverts.
C. 
Plans showing the location, size and invert elevations of existing and proposed sanitary sewers, stormwater drains and fire hydrants; and the location and size of water, gas, electricity and any other utilities or structures.
The subdivider shall, within six months after the approval of the preliminary plat, file with the Planning Board an application and six copies of the drawings for approval of the subdivision plat in final form.
A. 
The application shall:
(1) 
Be accompanied by the construction detail drawings.
(2) 
Be endorsed by the State Department of Health.
(3) 
Be endorsed by the County Highway Superintendent.
(4) 
Include offers of cession to all streets and public areas.
(5) 
Include other information which Planning Board considers pertinent.
B. 
A public hearing shall be held by the Planning Board within 30 days after the time of official submission of the plat for approval.
C. 
The subdivider shall attend the hearing.
D. 
The final subdivision plat shall conform to the approved preliminary plat, plus any recommendations made by the Planning Board.
E. 
Planning Board may permit the final plat to be divided into parts comprising at least 20% of total number of lots shown on the plat, subject to such conditions as it deems necessary to assure orderly development.
F. 
Either:
(1) 
The Planning Board's engineer must file a certificate stating that all required improvements constructed by the subdivider have been designed and inspected and meet standards in this chapter, and are as required by law; or
(2) 
A performance bond must be submitted and approved by the Planning Board and attorney as to form, sufficiency, manner of execution and surety for the completion of required improvements.
G. 
Offers of cession, in a form certified as satisfactory by the Attorney, of all land to be dedicated for streets, easements, open space and other facilities shall be provided.
H. 
A certified check, in the amount of 1% of the cost of the required improvements, as determined by the Planning Board's engineer to meet the costs of inspection of required improvements shall be provided.
I. 
Drawings, certified by a land surveyor, showing the location of all required improvements that may have been constructed prior to final plat submission shall be submitted.
The following information shall be submitted for consideration as a final subdivision plat:
A. 
All information required on the preliminary subdivision plat updated and accurate, indicating actual layout, areas and dimensions of the subdivision.
B. 
Sufficient data to determine readily the location, bearing and length of all straight lines, radii, length of curves and central angles of all curves, tangent bearings and angles of all street lines, lot lines and boundary lines. These should be referenced to established monuments.
C. 
The location, dimensions and names of all sites for residential, commercial, industrial, public and nonpublic uses.
D. 
Boundaries and proposed uses of all property which is offered for dedication for public use.
E. 
Boundaries and proposed uses of all property that is proposed to be reserved for the common use of property owners in the subdivision.
F. 
The location, material and size of all monuments.
A. 
Where a performance bond is required as a condition of plat approval, the subdivider shall file with the legislative Board a bond in an amount sufficient to provide for, and secure to the public the full cost of completion of all streets, other required improvements and their maintenance for a period of two years after completion.
B. 
The Planning Board shall specify the time period within which required improvements must be completed, but in no case for a longer term than three years. The term of the bond may, with the consent of the subdivider, be extended for an additional period not to exceed three years. The time period shall be expressed in the bond.
C. 
If any required improvements have not been installed or maintained as provided within the term of such performance bond, it shall be forfeited, and upon receipt of the proceeds, the municipality shall install or maintain such improvements.
A. 
Formal offers of cession by the subdivider of all streets, rights-of-way, parks and other sites for public use shall be presented to the Planning Board prior to subdivision plat approval.
B. 
Notation shall be made on the subdivision plat of any streets, rights-of-way, open space and other sites specifically reserved by the subdivider and for which formal offers of cession to the public are not made.
C. 
The subdivision plat shall be endorsed with the necessary agreements in connection with required easements or releases.
The subdivider shall submit the following data to the Planning Board before any subdivision plat can be approved; before acceptance, the Attorney shall certify as to their legal sufficiency:
A. 
Deed descriptions and a map of survey of tract boundaries made and certified by a licensed land surveyor, tied into established boundary monuments.
B. 
Offers of cession dedicating streets, rights-of-way and any sites for public uses.
C. 
Copies of agreements or other documents showing the manner in which areas reserved by the subdivider are to be maintained.
D. 
Draft protective covenants whereby the subdivider proposes to regulate land use in the subdivision and otherwise protect the proposed development.
E. 
Any other data such as certificates, affidavits, endorsements or other agreements as may be required by the Planning Board in enforcement of this chapter.
A. 
The Planning Board's engineer shall inspect all required improvements prior to acceptance to ascertain whether or not they have been completed satisfactorily.
B. 
The subdivider shall inform the Engineer at least 48 hours before such inspection is required and shall not cover any part of a permanent improvement until inspection has been made and approval granted.
C. 
Drawings showing the location of all required improvements as-built shall be certified by an engineer or land surveyor and filed with the Planning Board prior to the acceptance of the improvements. Until as-built plans are filed, no performance bond guaranteeing the completion of such improvements shall be released.
D. 
If any of the required improvements have not been constructed in accordance with specifications and the approved construction detail drawings, the subdivider and the bonding company will be severally and jointly liable for the costs of completing the improvements.
A. 
Every street shown on a plat filed or recorded as provided in this chapter shall be deemed to be a private street until such time as it has been formally accepted by the municipality by local law or resolution.
[Amended 11-18-1997 by L.L. No. 7-1997]
B. 
No public street, utility or improvement may be constructed by the municipality in or on any street until it has become a public street.
C. 
Approval of the subdivision plat shall not be deemed to constitute or imply acceptance of any street or other open space shown on the plat.
D. 
The Planning Board shall require the filing of a written agreement between the subdivider and the municipality covering future title, dedication and provision for the cost of grading, development, equipment and maintenance of any open space.
E. 
Upon completion of the construction and installation of required improvements in accordance with the approved plans, the subdivider shall deliver to the municipality deeds, abstracts and easements for streets, water lines, storm sewers, sanitary sewers and any other required improvements.
F. 
Prior to public acceptance of any required improvements, the subdivider shall submit an affidavit stating that all bills and accounts for material and labor used in the construction of improvements have been paid in full.
A. 
The Planning Board shall within 45 days from the public hearing on the final subdivision plat approve, modify and approve or disapprove the plat.
B. 
If the final plat is disapproved, grounds for such action shall be stated in the Planning Board minutes.
C. 
Every final subdivision plat shall carry the following endorsements:
[Amended 9-19-2018 by L.L. No. 8-2018]
"Approved by resolution of the Planning Board of the Village of Lowville, New York on the ________ day of _________, 20___, subject to all requirements and conditions of said Resolution. Any change, erasure or revision of this plat as approved, shall void this approval.
Signed this ___ day of ___, 20__ .
"
  Chairman
  Secretary
D. 
If the final plat is approved, the Planning Board officers shall sign the plat. One copy shall be retained by the Planning Board.
A. 
If the final subdivision plat is approved, the subdivider shall:
(1) 
File one approved copy drawn in ink on Mylar with the County Clerk within 90 days from the date of approval, or the approval of the subdivision plat will be void.
(2) 
File one approved copy with the legislative board before building permits are made available.
(3) 
File one approved copy with the Assessor.
B. 
The plat is void if changes are made to it after the Planning Board has endorsed it in writing.
[Added 9-16-2015 by L.L. No. 9-2015]
A. 
Lot line adjustments shall be approved by the Planning Board provided that:
(1) 
File in the office of the county clerk such approved final plat or a section of such plat within 62 days from the date of the final approval or such approval shall expire.
[Amended 9-19-2018 by L.L. No. 8-2018]
(2) 
A survey map is submitted, prepared by a licensed engineer or surveyor, of the properties in question which indicates the existing lot lines as well as the proposed adjusted lot line and also including current buildings and driveways located on the property in question.
(3) 
It includes copies of the latest recorded deeds to the property in their current configuration, proposed deed for the parcel to be conveyed as a result of the lot line adjustment and the metes and bounds description of the properties and their present configuration and proposed new configuration.
(4) 
It includes a consent signed by all property owners whose lots will be affected by the lot line adjustment as submitted as part of the application as well as a consent to file.
(5) 
Other procedural requirements of this chapter, including public hearing requirements do not apply unless the Planning Board determines, in the course of its review the lot line adjustment, that there were issues that would justify holding a public hearing. In such case, the Planning Board may reclassify the lot line adjustment as a minor subdivision and require the appropriate paperwork to be completed for this matter and hold a public hearing in accordance with Chapter 165 of the Village of Lowville Code.
[Amended 9-19-2018 by L.L. No. 8-2018]
B. 
Lot mergers in which lot lines are deleted, but not moved, do not require any approval under this chapter.