Village of Washingtonville, NY Article II Procedure for Subdivision Approval

§ 150-4 Subdivider to apply.

A. When any subdivision of land is proposed to be made and before any contract for the sale of or any offer to sell such subdivision or part thereof is made and before the erection of any structure in such proposed subdivision shall commence or any grading, clearing, construction or other improvements shall be undertaken therein, the subdivider or his duly authorized agent shall apply for approval of such proposed subdivision in accordance with the procedure stated herein.

B. Where a tract of land is to be subdivided into not more than two lots in any one year, the Board may, at its discretion, grant final approval after the preapplication procedure has been completed.

§ 150-5 Preapplication approval.

A. Before applying for approval of the preliminary plat of the proposed subdivision, the subdivider or his agent shall meet with the Board to discuss the rough sketch plat which shall comply with the requirements of Article III of these regulations.

B. Within 30 days, the Board shall inform the subdivider that the plats and data as submitted or as modified do or do not meet the objectives of these requirements. When the Board finds the plats and data do not meet the objectives of these regulations, it shall express its reasons therefor to the subdivider.

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 150-6 Preliminary plat approval.

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

A. After receiving the Board's evaluation of the rough sketch plat recommended in § 150-5 above, regarding his general program and objectives, the subdivider shall cause to be prepared a preliminary plat, together with improvement plats and other supplementary material as specified in Article III of these regulations.

B. Three copies of the preliminary plat and supplementary material specified shall be submitted to the Board for its approval. On receipt of such documents in proper form, the Board shall fix the date for public hearing on the proposed subdivision.

C. The applicant shall send notice of the public hearing, stating the date, place and substance of the hearing, to all owners of property abutting the proposed subdivision and directly across any adjoining street, as the names of said owners appear on the last complete assessment roll of the village. Such notice shall be sent by registered mail, return receipt requested, and the Board may inspect such receipts to assure proper notification. Not fewer than five days prior to the public hearing, notice of the same shall be given by the Board by publication in the official newspaper, and a copy of the preliminary plat shall be posted in the Village Hall for public inspection.

D. Within 45 days following the public hearing on the proposed subdivision, the Planning Board shall:

(1) Submit a copy of the proposed subdivision to the Road Superintendent and Zoning Enforcement Officer, Village Engineer or duly designated official for their review and comment.

(2) Review the preliminary plat and supplementary material for conformity with these regulations.

(3) Act to accept, amend or reject the plats as submitted and advise the subdivider of such action and reasons therefor.

E. The action of the Board shall be noted on two copies of the preliminary plat, referenced and attached to any conditions determined. One copy shall be returned to the subdivider and the other retained by the Board.

F. Approval of the preliminary plat does not constitute approval of the final plat. Rather, it shall be deemed an expression of approval of the proposal submitted on the preliminary plat as a guide to the preparation of the final plat which will be submitted for approval of the Board and for recording upon fulfillment of the requirements of those regulations.

§ 150-7 Final plat approval.

A.

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

Within six months after the date of preliminary plat approval, the subdivider shall:

(1) Obtain approval, where required, from the New York State Department of Health.

(2) Submit to the Board the original drawing of the final plat on tracing cloth with two copies of the same and other required exhibits.

(3) Pay the required filing fee.

(4) Submit offers of cession of public roads or lands to the Village Board.

B. Within 62 days from the date of submission of the final plat, the Board shall act to accept, amend or reject such final plat and shall advise the subdivider of the results of this action and reasons therefor. No approval shall be deemed final unless the subdivider has completed all the improvements in said final plat and complied with all other requirements of the Board in regard thereto or, in lieu thereof, has furnished the village with a performance bond as provided in those regulations.

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

C. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in 6 NYCRR 617.

Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

D. The Board shall note such approval on the original cloth map of the final plat and return the same to the subdivider.

§ 150-8 Filing of final plat.

A. Upon completion of the above requirements and notation to that effect on the final plat by the Board, it shall be filed by the subdivider in the office of the County Clerk. Any subdivision not so recorded within 90 days of the date of final approval as noted on the plat shall become null and void in accordance with § 7-728 of the Village Law. Notwithstanding the foregoing provisions, the Planning Board may extend the time in which a conditionally approved plat in final form must be submitted if, in its opinion, such extension is warranted by the particular circumstances thereof, which time shall not exceed two additional periods of 90 days each.

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

B. No changes, modifications or erasures shall be made on any plat after final approval has been granted by the Board and endorsed, in writing, on the plat, unless said plat is first resubmitted to the Board. In any event that such a plat is recorded without complying with this requirement, the same shall be considered null and void and the Board shall institute proceedings to have the plat stricken from the records of the County Clerk.

§ 150-9 Sale of lots or construction of buildings prior to final plat approval.

A. After approval of the preliminary plat by the Board and approval by the New York State Department of Health, where required, the subdivider may enter into tentative contracts for the sale of any lot within the subdivision, such contracts to be made subject to final plat approval by the Board.

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

B. A building permit may be issued for one or more buildings prior to final plat approval only upon written authorization by the Board specifying the lot or lots to which it is applicable after preliminary approval has been granted by the Board and provided that the New York State Department of Health, where required, has approved the subdivision. In no case shall such buildings be occupied prior to final plat approval and recording with the County Clerk as provided in these regulations.