The Board must hold a public hearing and all required improvements must be completed before a plat of a subdivision receives final approval, thus permitting the plat to be recorded in the Cortland County Clerk's office. In the alternative, the Board shall give final approval to a plat before completion of such improvements if their installation is assured through an approved performance bond. Whenever any subdivision of land is proposed to be made and before any sale of any lot 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 or any existing permit used, the subdivider or his/her duly authorized agent shall apply, in writing, for approval of such proposed subdivision in accordance with the procedures set forth in this Article.[1]
[1]
Editor's Note: Former Subsection B, Summary of procedure, which immediately followed this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A. 
The Board will meet informally with the subdivider to discuss the proposed subdivision and make available to him its knowledge of development activities and requirements. A written request for such informal meeting shall be filed with the Village Clerk. The subdivider will receive at least five days advance notice of the time and place of the informal meeting which shall take place not later than the second regular meeting of the Board after filing of the request. The subdivider shall present a sketch plan at such informal meeting initially based on tax map information or some other similarly accurate base map. This must be at a scale [preferably 200 feet to one inch) to enable the entire tract to be shown on one sheet.
B. 
Six copies of the sketch plan shall be submitted, showing the following information:
(1) 
The location of that portion which is to be subdivided in relation to the village and the distance to the nearest existing street intersection.
(2) 
The names of all owners of all adjoining property, as described by the most recent municipal tax records.
(3) 
The tax map sheet; block and lot numbers if available.
(4) 
All utilities available and all streets either proposed, mapped or built.
(5) 
The proposed pattern of lots (including lot width and depth), street layout, system of drainage, sewerage and water supply within the subdivision area.
(6) 
All existing restrictions on the use of land including easements, covenants and zoning restrictions.
C. 
It is recommended that no detailed engineering work be done until after such informal meeting.
A. 
After informal consideration with the Board of his rough sketches, the subdivider shall file with the Village Clerk a preliminary plan of the proposed subdivision which shall include all layouts, plans and data with particular attention given to the following: water and sewer facilities, street widths, relation to topography of the land and arrangement and location, drainage of the area, lot size and arrangements, as well as environmental impact and traffic flow. This shall be in the form specified in § 150-32. A preliminary plan shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of SEQRA. The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law) and its implementing regulations. The Planning Board shall hold a public hearing and approve, with or without modifications, or disapprove the preliminary plan in conformance with the procedures and time limits set forth in Subdivision 5 of § 7-728 of the Village Law.
B. 
The subdivider shall, within six months after the conditional approval of the preliminary plat, file with the Planning Board an application for approval of the subdivision plat in final form. All applications for plan approval shall be accompanied by a filing fee (see fee schedule[2]). If the final plat is not submitted within six months after the approval, with or without modifications, of the preliminary plat, the Planning Board shall refuse to approve the final plat and require resubmission of the preliminary plat.
[2]
Editor's Note:A fee schedule is located at the end of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A. 
The subdivider's formal application for approval of the final plat shall be in writing and submitted to the Board by filing it in triplicate with the Village Clerk. The application shall contain, in the form specified in § 150-33 and in precise detail, all of the data and material specified in said section.[1]
[1]
Editor's Note: The former unnumbered paragraph, dealing with approval by the Planning Board, which immediately followed this subsection was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
Where a subdivision plat contains proposed structures or proposed new streets which have frontage on or access to or are otherwise directly related to any existing or proposed right-of-way or site shown on the County Official Map, notification shall be provided to the Cortland County Planning Board and the County Superintendent of Highways or Commissioner of Public Works pursuant to § 239-k of the General Municipal Law. When the Cortland County Planning Board has been authorized to review subdivision plats pursuant to § 239-n of the General Municipal Law, the Clerk of the Planning Board shall refer all applicable preliminary and final plats to such Cortland County Planning Board as provided in that section.[2]
[2]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
Public hearing. The Planning Board shall hold a public hearing and approve, with or without modifications, or disapprove the final plan in conformance with the procedures and time limits set forth in Subdivision 6 of § 7-728 of the Village Law. Certification and filing of decisions granting conditional or final approval shall be in accordance with the provisions of Subdivisions 7 and 9 of § 7-728 of the Village Law.[3]
[3]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Such plat or proposed development shall be deemed to have been approved, and the certificate of the McGraw Village Clerk as to the date of the submission of the plat or the proposed development thereof for approval and the failure to take action thereon within such time shall be issued on demand and shall be sufficient in lieu of the written endorsement of other evidence of approval herein required. The ground of refusal of any plat or proposed development submitted shall be stated upon the records of the Planning Board. In the event that the Planning Board fails to take action on a preliminary plat or a final plat within the time prescribed therefor, or within such extended period as may have been established by the mutual consent of the owner and the Planning Board, such preliminary or final plat shall be deemed granted approval. The certificate of the Village Clerk as to the date of submission of the preliminary or final plat and the failure of the Planning Board to take action within the prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required. The Planning Board may approve the plat by a majority plus one, subject to stated conditions, notwithstanding the report of the County Planning Board.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A. 
The approval by the Planning Board of a plat showing lots, blocks or sites, with or without streets or highways, or the approval by the Board of the development of a plat already on file in the office of the Cortland County Clerk prior to the appointment of the Village Planning Board and the grant to it of the power to approve plats or the certificate of the Village Clerk as to the date of submission of such plat or such proposed development and the failure of the Planning Board to take action thereon within the prescribed time shall expire as set forth in this section unless within such period such plat or a section thereof shall have been duly filed or recorded by the owner in the office of the Cortland County Clerk and the proposed development of such plat has either been completed or a bond therefor posted with Village Board as provided in § 150-11.
B. 
Conditional approval of the final plat shall expire within 180 days after the resolution granting such approval unless all requirements stated in such resolution have been certified as completed. The Planning Board is authorized to extend the duration of conditional approval by two additional periods of 90 days each.
C. 
Final approval of the final plat shall expire within 62 days from the date of such approval or from the date the Planning Board's failure to act is certified.
D. 
If the owner shall file only a section of an approved plat within such 62 day period, such section shall encompass at least 10% of the total number of lots contained in the approved plat, and the approval of the remaining sections of the approved plat shall expire unless said sections are filed before the expiration of the exemption period to which such plat is entitled under the provisions of § 7-708 of the Village Law. In the event that the owner shall file only a section of such approved plat in the office of the Cortland County Clerk, the entire approved plat shall be filed within 30 days of the filing of such section with the McGraw Village Clerk.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A. 
Any performance bond furnished in lieu of the installation of the required improvements shall be in the amount fixed by the resolution of the Board, shall be secured by such deposit of subdivider or issued by such bonding or security company as shall be approved by the Village Board and shall be also approved by the Village Attorney as to form, sufficiency and manner of execution. The bond shall assure the complete installation of the required improvements within such period, not longer than three years, as shall be fixed by the Board. The Board, with the consent of all parties to the bond, may extend such period upon written application of the subdivider filed with the Village Clerk prior to the expiration of such period or upon its own motion at any time prior to a declaration of a default in the bond by the Village Board.
B. 
The Board, with the approval of the Village Board and upon findings either that the extent of the building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such bond or that the required improvements have been installed in sufficient amount to warrant reduction in the face amount of such bond, may modify its requirements.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
Except as provided in the preceding subsection, the bond shall be released only upon complete installation of the required improvements and the submission of the certified "as-built" drawings as required in § 150-33H.
D. 
If the required improvements are not completely installed within the period fixed or extended by the Board, the Village Board may declare the performance bond in default and collect the amount payable thereunder. Upon receipt of such amount, the village shall install such improvements as were covered by the bond and are commensurate with the extent of building development which has taken place in the subdivision, not exceeding in cost the amount collected upon the bond.
The subdivider shall tender offers of cession in a form certified as satisfactory by the Village Attorney of all land included in streets, highways or parks not specifically reserved by him, but approval of the plan by the Planning Board shall not constitute an acceptance by the village of the dedication of any street, highway, park or other public open space.
The installations, improvements and development of any subdivision shall be subject to inspection at all stages by representatives of the Board or the Village of McGraw, and for such purpose, free access shall be accorded, and requested information shall be promptly submitted.