A.
Prior to the filing of an application for conditional
approval, the subdivider should meet in person with the Commissioner
of Development, or his designated representative, to discuss the proposed
subdivision so that the necessary subsequent steps may be undertaken
with a clear understanding of the Board's attitude and requirements
in matters of land development.[1]
[1]
Editor's Note: Amended during codification.
B.
Following this step, the subdivider may submit to the Board or to the Commissioner of Development or his designated representative preapplication plans and data as specified in § A361-11. Said preapplication does not require any formal application nor any fee.
[Amended 12-10-1996 by Ord. No. 260-1996]
C.
Within five days after the submission of said preapplication,
the subdivider shall be notified that the plans and data as submitted
do or do not meet the objectives of these regulations, and if not,
it shall state the reasons therefor.
[Amended 12-10-1996 by Ord. No. 260-1996]
[Amended 12-10-1996 by Ord. No. 260-1996]
A.
A preliminary layout and other documents, as specified in § A361-12, shall be prepared by the subdivider in accordance with the general requirements and design standards specified in Article IV and conforming to the conclusions reached in regard to the preapplication above. In reviewing the preliminary layout, the 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.
B.
Application for conditional approval of the preliminary layout shall be submitted in writing by the subdivider to the Board, together with the original and five prints of the preliminary layout, and other specified documents, at least 21 days prior to the meeting at which it is to be considered. A receipt from the Bureau of Buildings for the subdivision filing fee as set forth in Chapter 133, Fees, shall accompany the application. The Department of Development shall distribute prints to City Departments for review and comments. The Board shall hold a public hearing on the preliminary plat which shall be coordinated with any hearings held pursuant to the State Environmental Quality Review Act and such hearing shall be held within 62 days of either the filing of the notice of completion of the draft environmental impact statement or after receipt of the completed preliminary plat. Such hearing shall be advertised in a newspaper of general circulation at least once at least five days before the hearing if no hearing is held on the draft environmental impact statement and at least 14 days before the hearing if the hearing is held jointly with the hearing on the draft environmental impact statement.
C.
The Commissioner of Development, or his designated
representative, and the City Engineer shall review the preliminary
layout and accompanying documents to ascertain their conformity to
the Zoning Ordinance[2] and to these regulations, then meet with the subdivider
with regard to changes deemed advisable, and the kind and extent of
improvements to be made.
D.
The Board shall approve, with or without modification,
or disapprove such preliminary plat within 62 days after the close
of the public hearing. Approval of the preliminary layout by the Board
shall be designated conditional approval. Approval of a minor subdivision
may not require a final plat approval but shall be considered final
at this stage.
E.
The conditions, if any, required by the Board shall
be noted on the original and a print of the preliminary layout. The
Commissioner of Development and one member of the Board shall sign
said original and print as approved by the Board. The Board shall
retain the original and return one print to the subdivider.
F.
Conditional approval of the preliminary layout shall
not constitute approval of any subsequent plat except for minor subdivisions.
Rather, it is an expression of approval of the general design submitted
to be used as a guide for the preparation of the plat to be submitted
to the Board for its approval. For the protection of the subdivider,
it is stressed that the Board's approval of the preliminary layout
be secured before undertaking the final surveys of streets and lots
and final construction plans, and that the start of any grading or
street construction work await approval of the plat by the Board.
[1]
Editor's Note: Amended during codification.
[Amended 12-10-1996 by Ord. No. 260-1996]
A.
The plat shall conform substantially to the preliminary
layout approved by the Board, and, if desired by the subdivider, it
may constitute only that portion of the approved preliminary layout
which he proposes to record and develop at the time; provided, however,
that said portion conforms to all requirements of these regulations.
In reviewing the plat, the 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.
B.
The plat and other documents as specified in § A361-13 shall be prepared by the subdivider in accordance with the general requirements and design standards specified in Article IV and shall be submitted to the Board within six months after approval of the preliminary layout; otherwise said approval shall become null and void unless an extension of time is applied for and granted by the Board within the said six-month period.
C.
Application for approval of the plat shall be submitted in writing by the subdivider to the Board, together with the original and five prints of the plat, at least 21 days prior to the meeting at which it is to be considered. A receipt from the Bureau of Buildings for a filing fee for each new lot as set forth in Chapter 133, Fees, shall accompany the application.
D.
The Board shall hold a public hearing on the plat which shall be coordinated with any hearings held pursuant to the State Environmental Quality Review Act, and such hearing shall be held within 62 days of either the filing of the notice of completion of the draft environmental impact statement or after receipt of the completed plat. Such hearing shall be advertised in a newspaper of general circulation at least once at least five days before the hearing if no hearing is held on the draft environmental impact statement and at least 14 days before the hearing if the hearing is held jointly with the hearing on the draft environmental impact statement. Approval of the plat shall not become final until the provisions of Subsections E and F below have been complied with.
E.
The subdivider shall follow one of the procedures
set forth below:
(1)
Construction plans for the required improvements prepared in accordance with § A361-22 shall be submitted to the City Engineer within 60 days from the date of the plat approval; otherwise said approval shall become null and void. Not later than 10 days after his approval of said plans, the City Engineer shall send to the Board, in duplicate, an estimate of the cost of construction of said improvements in accordance with the approved plans. The Board shall send one copy of said estimate to the subdivider and retain the other copy. A performance bond in the amount specified in said estimate shall be submitted by the subdivider to the Board within 30 days from the receipt of said estimate; otherwise said approval shall become null and void. Said bond shall carry the condition that the subdivider complete the required improvements to the satisfaction of the City Engineer within 12 months from the date of the bond. Said bond may be renewed by the Board upon application within said twelve-month period and upon the findings by the Board of such facts as will justify a further extension of time to complete the required improvements. Should a certificate of occupancy be issued for a lot on a new street in the plat, and the subdivider fail to complete the required improvements within 12 months from the issuance of such certificate of occupancy, no further extension of time under the bond may be granted. Said bond shall be approved as to sufficiency by the Commissioner of Development and, after being approved by the Director of Law as to form, manner of execution and surety, shall be filed by the Commissioner of Development with the City Clerk.
(2)
The subdivider shall complete all required improvements
to the satisfaction of the City Engineer before any building permits
are issued. Said improvements shall be completed within 12 months
from the date of the plat approval; otherwise said approval shall
become null and void unless an extension of time is applied for and
granted by the Board.
F.
Upon receipt of notification from the City Engineer
that the required improvements have been satisfactorily installed
or upon filing of an approved performance bond with the City Clerk,
the Commissioner of Development and one member of the Board shall
sign the original and one print of the plat as approved by the Board.
Such final approval shall in no way constitute an acceptance by the
City of the dedication of any street, highway, park or other public
open space. To secure said acceptance by the city, the subdivider
shall address a written request to the City Council, in care of the
City Clerk.
G.
The approved plat shall be recorded and filed in the
County Clerk's office within 90 days from the date of final approval
by the Board; otherwise said approval shall become null and void.
Any plat of five or more lots shall first be approved by the Department
of Public Works as to water supply, sewerage facilities a before final
approval by the Planning Board.
H.
After filing the plat with the County Clerk's office,
the subdivider shall enter the county file number and date of filing
on one lithoprint of the approved plat on tracing cloth and three
black or blue line prints on white paper, and shall deliver them to
the Board, together with one print of the plat reduced to a scale
of 200 feet to the inch and one to an exact scale of 80 feet to the
inch. The Commissioner of Development shall deliver two prints to
the Department of Public Works and the print at a scale of 80 feet
to the inch to the Assessment Bureau.
I.
The subdivider shall secure the assessment lot and
house numbers from the Assessment Bureau and the Department of Public
Works, respectively.
J.
Upon receipt of notification from the Commissioner
of Development that a satisfactory performance bond has been filed
with the City Clerk, the Building Official may issue building permits
for lots within the approved plat, upon determining that the plans
and data submitted are in full compliance with all requirements of
the Zoning Ordinance[2] and all other applicable codes and ordinances. (Note:
A temporary roadbed satisfactory to the City Engineer shall be installed
from an existing street to a proposed structure and a hydrant shall
be in working condition within 200 feet of said structure before a
building permit may be granted for said structures.)
K.
Upon receipt of notification from the City Engineer
that the required improvements have been satisfactorily installed
and that a satisfactory maintenance bond, approved by the Director
of Law, has been filed with the City Engineer, the Board shall advise
the City Clerk that the performance bond, filed in connection with
the approved plat, may be released.
L.
The Board may require the reservation of land for park, playground or other recreational purposes where it makes a finding that a proper case exists for such reservation on sites containing residential units. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the City based on projected population growth to which the particular subdivision plat will contribute. In the event that the Board makes such a finding, the Board may require dedication of 10% of the gross area or a minimum of three contiguous acres of open space, whichever is greater, or, where the Board finds that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such subdivision plat, the Board may require a sum of money in lieu thereof in an amount as set forth in Chapter 133, Fees. In making such determination, the Board shall assess the size and suitability of land shown on the subdivision plat which could be possible locations for park or recreational facilities as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any money required by the Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the City exclusively for park, playground or other recreational purposes, including the acquisition of property.
[Amended 12-9-2003 by Ord. No. 269-2003]
[1]
Editor's Note: Amending during codification.
[1]
Editor's Note: Former § A361-10,
Townhouse residences, added 10-27-1981, as amended, was repealed 11-21-2006
by Ord. No. 261-2006.
