Whenever any subdivision of land is proposed to be made, and
before any contract for the sale of or any offer to sell any lots
in such subdivision or any part thereof is made, and before any permit
for the erection of a structure in such proposed subdivision shall
be granted, the subdivider or his duly authorized agent shall apply,
in writing, for approval of such proposed subdivision in accordance
with the following procedures. All submissions and correspondence
shall be directed to the Planning Board Chairman, or his duly appointed
representative, who shall serve as Clerk of the Planning Board.
A.
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Planning Board at least 15 days prior to the regular meeting of the Board seven copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of § 350-26 for the proposes of classification and preliminary discussion.
B.
Discussion of requirements and classification.
(1)
The subdivider, or his duly authorized representative, shall attend
the meeting of the Planning Board to discuss the requirements of these
regulations for street improvements, drainage, sewage, water supply,
fire protection, and similar aspects, as well as the availability
of existing services and other pertinent information.
(2)
Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor or major subdivision as defined in these regulations. The Board may require, however, when it deems it necessary for protection of the public health, safety and welfare, that the minor subdivision comply with all or some of the requirements specified for major subdivisions. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in §§ 350-9, 350-12 and 350-13 of these regulations. If it is classified as a major subdivision the subdivider shall then comply with the procedures outlined in §§ 350-10 through 350-14.
C.
Study of sketch plan. The Planning Board shall determine whether
the sketch plan meets the purposes of these regulations and shall,
where it deems it necessary, make specific recommendations in writing
to be incorporated by the applicant in the next submission to the
Planning Board.
D.
Cost of professional assistance. The cost of obtaining and securing
the advice or assistance of any expert or professional consultants
(planners, engineers, attorneys or other) over and above the filing
fee shall be paid by the applicant for any subdivision approval, and
the Planning Board may require the applicant to deposit funds with
the Village Clerk in an amount deemed reasonable to assure payment
of any such consultants, and any surplus shall be returned after the
consultants' bill is received and paid in full.
A.
Application and fee.
(1)
Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a subdivision plat. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan, plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in § 350-27. If plans have changed substantially, the applicant may be required to fill out another SEQR short or long form.
(2)
All applications for plat approval for minor subdivisions shall be
accompanied by a fee as set by the Village Board.
B.
Number of copies. Seven copies of the subdivision plat shall be presented
to the Clerk of the Planning Board at the time of submission of the
subdivision plat.
C.
Subdivider to attend Planning Board meeting. The subdivider, or his
duly authorized representative, shall attend the meeting of the Planning
Board to discuss the subdivision plat.
D.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date on which the application for plat approval, complete and accompanied by the required fee and all data required by § 350-27 of these regulations, has been filed with the Clerk of the Planning Board.
E.
Endorsement of state and county agencies. Water and sewer facility
proposals contained in the subdivision plat shall be properly endorsed
and approved by the State Department of Health and/or the New York
State Department of Environmental Conservation (DEC). Applications
for approval of plans for sewer and water facilities will be filed
by the subdivider with all necessary Village, county and state agencies.
Endorsement and approval by the State Department of Health and the
DEC shall be secured by the subdivider before official submission
of subdivision plat. Endorsement and approvals are required from all
other appropriate agencies before final approval of the subdivision
plat.
F.
Public hearing. A public hearing shall be held by the Planning Board
within 60 days from the time of submission of the subdivision plat
for approval. Said hearing shall be advertised at least once in a
newspaper of general circulation, and a notice of the hearing shall
be posted in at least three prominent places at least five days before
such hearing.
G.
Action on subdivision plat. The Planning Board shall, within 60 days
from the date of the public hearing, act to approve with modification,
disapprove or grant final approval and authorize the signing of the
subdivision plat. This time may be extended by mutual consent of the
subdivider and the Planning Board. Failure of the Planning Board to
act within such time shall constitute approval of the plat. Upon granting
approval with or without modification to the plat, the Planning Board
shall empower a duly authorized officer to sign the plat. Within five
days of the resolution granting approval, the plat shall be certified
by the Clerk of the Planning Board as approved, a copy shall be filed
in his or her office and a certified copy mailed to the subdivider.
The subdivider is responsible for filing all approved subdivision
maps with the County Clerk's Office within 90 days of Planning
Board final approval.
H.
Notices of subdivision application hearings shall be provided, by
the applicant, to all adjacent property owners and other property
owners within 300 feet as identified in the latest tax assessment
records of the Village of Woodridge, including those for properties
on the opposite side of any public or private road. Such notice shall
be given by certified mail at least seven calendar days in advance
of such hearing. The Planning Board shall be authorized to waive this
requirement where it is determined by the Board that adjoiners have
otherwise been afforded reasonable notice of such hearing as evidenced
by their appearance at or knowledge of such hearing. No hearing shall
be delayed where the Board determines the applicant has made reasonable
attempts to notify all interested parties as provided herein.
[Added 4-20-2015 by L.L.
No. 2-2015]
A.
Application and fee. Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the approval of a preliminary plat of the proposed subdivision. All applications for preliminary plat approval shall be accompanied by a fee as set forth by the Village Board. Such preliminary plat shall be clearly marked "preliminary plat" and shall be in the form described in § 131-28 hereof. If plans have changed substantially, the applicant may be required to fill out another SEQR short or long form. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 7-728, 7-730 and 7-732 of the Village Law, and § 350-28 of these regulations, except where a waiver may be specifically authorized by the Planning Board.
B.
Number of copies. Seven copies of the preliminary plat shall be presented
to the Clerk of the Planning Board at the time of submission of the
preliminary plat.
C.
Subdivider to attend Planning Board meeting. The subdivider, or his
duly authorized representative, shall attend the meeting of the Planning
Board to discuss the preliminary plat.
D.
Study of preliminary plat.
(1)
The Planning Board shall study the practicability of the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangements, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands owned by the developer which are as yet unsubdivided and the requirements of the Master Plan, the Official Map and Ch. 400, Zoning, if such exist.
(2)
If the developer plans to construct dwelling units or other structures permitted by Chapter 400, Zoning, he or she shall maintain the natural cover to control stormwater runoff, limit flooding, protect groundwater supplies and provide erosion control. Clearing for building purposes shall be limited to 20% of the lot area with reduction to 10% for slopes over 15% in grade.
(3)
If the developer plans to construct dwelling units or other structures permitted by Chapter 400, Zoning, a general landscaping plan for the subdivision and a planting schedule shall be indicated. Landscaping shall be in character with that prevailing in the neighborhood. Plans and cross-sections showing the proposed location and type of trees, shrubs and bushes shall be shown on the landscaping plan.
(4)
The location and proposed development of all buffer areas, including
existing vegetative cover, shall be shown. Existing trees over 12
inches in diameter measured at four feet above the ground shall be
preserved to the maximum extent possible.
E.
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date on which the application for approval of the preliminary plat, complete and accompanied by the required fee and all data required by § 350-28 of these regulations, has been filed with the Clerk of the Planning Board.
F.
Approval of the preliminary plat.
(1)
Within 60 days after the receipt of a preliminary plat by the Clerk
of the Planning Board, the Planning Board shall take action to conditionally
approve, with or without modifications, or disapprove the preliminary
plat, and the ground of any modification required or the ground for
disapproval shall be stated upon the records of the Planning Board.
Failure of the Planning Board to act within such sixty-day period
shall constitute an approval of the preliminary plat. If the final
plat is not submitted within six months of the conditional approval
of the preliminary plat, the Planning Board may refuse to approve
the final plat.
(2)
Prior to approval of the final subdivision plat, the Planning Board
may require additional changes as a result of further study of the
subdivision.
A.
Application for approval and fee. The subdivider shall, within six
months after the approval of the preliminary plat, file with the Planning
Board an application for approval of the final subdivision plat available
from the Clerk of the Planning Board. If the final plat is not submitted
within six months after the approval of the preliminary plat, the
Planning Board may refuse to approve the final plat and require resubmission
of the preliminary plat.
B.
Number of copies. A subdivider intending to submit a proposed subdivision
plat for the approval of the Planning Board shall provide the Clerk
of the Board with a copy of the application and three copies [one
copy in ink on linen, Mylar or an acceptable equal] of the plat, the
original and one true copy of all offers of concession, covenants
and agreements and two prints of all construction drawings.
C.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date on which the application for plat approval, complete and accompanied by the required fee and all data required by § 350-29 of these regulations, has been filed with the Clerk of the Planning Board.
D.
Endorsement of state and county agencies. Water and sewer facility
proposals contained in the subdivision plat shall be properly endorsed
and approved by the State Department of Health and/or the New York
State Department of Environmental Conservation (DEC). Applications
for approval of plans for sewer and water facilities will be filed
by the subdivider with all necessary Village, county and state agencies.
Endorsement and approval by the State Department of Health and the
DEC shall be secured by the subdivider before official submission
of the subdivision plat. Endorsement and approvals are required from
all other appropriate agencies before final approval of the subdivision
plat.
E.
Public hearing. Within 60 days of the submission of a plat in final
form for approval, a hearing shall be held by the Planning Board.
This hearing shall be advertised by the Planning Board at least once
in a newspaper of general circulation in the Village, and a notice
of said hearing shall be posted in at least three prominent places
at least five days before said hearing.
F.
Action on proposed subdivision plat.
(1)
The Planning Board shall approve, modify and approve or disapprove
all subdivision plats. The Planning Board Chairman shall sign the
approved subdivision plat and a resolution of approval shall be passed
by the Planning Board. Action on proposed plats must be taken within
60 days from the official submission of the plat to the Planning Board.
Failure to take action within such time shall constitute approval
of the plat. The ground(s) of refusal of any plat or proposed development
submitted shall be upon the records of the Planning Board.
(2)
Within five days of the resolution giving approval to the plat, the
plat shall be certified by the Clerk of the Planning Board as approved,
a copy shall be filed in his or her office and a certified copy shall
be mailed to the subdivider.
A.
Improvements and performance bond. Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1) or (2) below:
(1)
In an amount set by the Planning Board, the subdivider shall either
file with the Village Clerk a certified check to cover the full cost
of the required improvements or the subdivider shall file with the
Village Clerk a performance bond issued by an insurance company licensed
in the State of New York to cover the full cost of the required improvements.
Any such bond shall comply with the requirements of § 7-730
of the Village Law and, further, shall be satisfactory to the Village
Board and Village Attorney as to form, sufficiency, manner of execution
and surety. A period of one year [or such other period as the Planning
Board may determine appropriate, not to exceed three years] shall
be set forth in the bond within which required improvements must be
completed.
(2)
The subdivider shall complete all required improvements to the satisfaction
of the Engineer representing the Planning Board, who shall file with
the Planning Board a letter signifying the satisfactory completion
of all improvements required by the Board. For any required improvements
not so completed, the subdivider shall file with the Village Clerk
a bond or certified check covering the costs of such improvements
and the cost of satisfactorily installing any improvement not approved
by the Engineer representing the Planning Board. Any such bond shall
be satisfactory to the Village Board and Village Attorney as to form,
sufficiency, manner of execution and surety. A period of one year
[or such other period as the Planning Board may determine appropriate,
not to exceed three years] shall be set forth in the bond within which
required improvements must be completed.
(3)
The required improvements shall not be considered to be complete until the installation of the improvements have been approved by the Engineer representing the Planning Board and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(2), then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection A(1), such bond shall not be released until such a map is submitted.
B.
Modification of design of improvements. If at any time before or
during the construction of the required improvements it is demonstrated
to the satisfaction of the Engineer representing the Planning Board
that unforeseen conditions make it necessary or preferable to modify
the location or design of such required improvements, the Engineer
representing the Planning Board may, upon approval by a previously
delegated member of the Planning Board, authorize modifications, provided
that these modifications are within the spirit and intent of the Planning
Board's approval and do not extend to the waiver or substantial
alteration of the function of any improvements required by the Board
The Engineer representing the Planning Board shall issue any authorization
under this section in writing and shall transmit a copy of such authorization
to the Planning Board at their next regular meeting.
C.
Inspection of improvements. At least five days prior to commencing
construction of required improvements, the subdivider shall pay to
the Village Clerk the inspection fee required by the Engineer representing
the Planning Board and shall notify the Engineer representing the
Planning Board, in writing, of the time when he proposes to commence
construction of such improvements so that the Engineer representing
the Planning Board may cause inspection to be made to assure that
all Village specifications and requirements shall be met during the
construction of required improvements, and to assure the satisfactory
completion of improvements and utilities required by the Planning
Board.
D.
Proper installation of improvements. If the Engineer representing
the Planning Board shall find, upon inspection of the improvements
performed by the expiration date of the performance bond, that any
of the required improvements have not been constructed in accordance
with plans and specifications filed by the subdivider, he shall so
report to the Village Board, Building Inspector and Planning Board.
The Village Board then shall notify the subdivider and, if necessary,
the bonding company, and take all necessary steps to preserve the
Village's rights under the bond. No plat shall be approved by
the Planning Board as long as the subdivider is in default on a previously
approved plat.
A.
Final approval and filing. Upon completion of the requirements in
the previous sections and notation to that effect upon the subdivision
plat, the plat shall be deemed to have final approval and shall be
properly signed by the duly designated officer of the Planning Board
and may be filed by the applicant in the Office of County Clerk. Any
subdivision plat not so filed or recorded within 90 days of the date
upon which such plat is approved, or considered approved by reason
of the failure of the Planning Board to act, shall become null and
void.
B.
Plat void if revised after approval. 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, unless the said plat is first resubmitted to the Planning
Board and such Board approves any modifications. In the event that
any such subdivision 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.
A.
Public acceptance of streets. The approval by the Planning Board
of a subdivision plat shall not be deemed to constitute or be evidence
of any acceptance by the Village of any street, easement or other
open space shown on such subdivision plat.
B.
Ownership and maintenance of recreation areas. When a park, playground
or other recreation area shall have been shown on a plat, the approval
of said plat shall not constitute an acceptance by the Village of
such area. The Planning Board shall require the 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 deed and title, dedication and provision
for the cost of grading, development, equipment and maintenance of
any such recreation area.
Whereas pursuant to resolution of the Village Board the Planning Board is empowered to modify applicable provisions of Chapter 400, Zoning, in accordance with the provisions of § 7-738 of the Village Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of lots and open lands, the following shall be procedure and standards:
A.
Request by subdivider. A subdivider may request the use of § 7-738 simultaneously with or subsequent to presentation of the sketch plan as per procedure described in Article II. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plat review.
B.
Sketch plan. A subdivider shall present, along with a proposal in accordance with the provisions of § 7-738, a standard sketch plat which is consistent with all the criteria established by these subdivision regulations, including but not limited to streets being consistent with the street specifications and lots being consistent with Chapter 400, Zoning.
C.
Park, recreation, open space or other municipal purposes. If the
application of this procedure results in a plat showing land available
for park, recreation, open space or other municipal purposes directly
related to the plat, then conditions as to ownership, use and maintenance
of such lands are as necessary to assure the preservation of such
lands for their intended purposes shall be set forth by the Planning
Board.
D.
Plat submission. Upon determination that such sketch plat is suitable
for procedures under § 7-738 and subsequent to the resolution
authorizing the Planning Board to proceed, a preliminary plat meeting
all of the requirements of the resolution shall be presented to the
Planning Board, and thereafter the Planning Board shall proceed with
the required public hearings and all other requirements of these regulations.