Whenever any subdivision of land is proposed,
before any contract is made for the sale of any part thereof and before
any permit for the erection of a structure in such proposed subdivision
shall be granted, the subdividing owner or his authorized agent shall
apply for and secure approval of such proposed subdivision in accordance
with the following procedure, which includes basically two steps:
A.
Discussion of requirements. Before preparing the preliminary
layout, the applicant may discuss with the Planning Board or its representative
the requirements as to general layout of streets and for reservations
of land, street improvements, drainage, sewerage, water, fire protection
and similar matters, as well as the availability of existing services.
The applicant should also discuss the preliminary layout with the
County Health Department, which must eventually approve any subdivision
plat coming within its jurisdiction.
B.
Application procedure.
(1)
Prior
to filing an application for the approval of a subdivision plat, the
applicant shall file an application for approval of a preliminary
layout. The application shall:
(2)
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Articles I and II of Chapter 222, Stormwater Management and Erosion and Sediment Control, shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article II of Chapter 222. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 222.
[Added 4-27-2010 by L.L. No. 5-2010]
C.
Applicant to attend Planning Board meeting. The applicant
should then be prepared to attend the next regular meeting of the
Planning Board to discuss the preliminary layout.
D.
Study of layout. The Planning Board will study the
preliminary layout, taking into consideration the requirements of
the subdivision regulations and the best use of the land being subdivided.
Particular attention will be given to the arrangement, location and
width of streets, their relation to the topography of the land, sewage
disposal, drainage, lot sizes and arrangement, the future development
of adjoining lands as yet unsubdivided and the requirements of the
Official Map, as it may be adopted by the Board of Trustees, and the
Village Master Plan, as it may be adopted by the Planning Board.
E.
Proposed roads to be staked. To permit the Planning
Board to check the proposed subdivision street layout, all roads shall
be staked along their center line every 50 feet, and each stake shall
be marked.
F.
Informal public hearing. The Planning Board may, at
its discretion, hold an informal public hearing on the preliminary
layout, particularly where the layout of the subdivision will affect
adjacent properties.
G.
Required changes for tentative approval. After discussion
of the preliminary layout, the Planning Board will advise the applicant,
in writing, of the specific changes, if any, it will require in the
layout and the character and extent of required improvements and reservations
which it will require as a prerequisite to the approval of the subdivision
plat. This shall constitute tentative approval of the preliminary
layout, but prior to approval of the subdivision plat, the Planning
Board may require additional changes as a result of further study
of the subdivision in final form.
A.
Application procedure.
(1)
Within
six months of the tentative approval of the preliminary layout, the
applicant, if he wishes to proceed with the subdivision, shall file
with the Planning Board an application for approval of a subdivision
plat. The application shall:
(a)
Be made on forms available at the office of the Village Clerk.
(b)
Include the entire subdivision or a section thereof which derives
access from a street improved to village standards or for which a
street bond covering such improvement is held by the village.
(c)
Be accompanied by a minimum of three copies of the subdivision plat and the construction plans, as described in § 232-23 of these regulations.
(d)
Comply in all respects with the preliminary layout as tentatively
approved.
(e)
Be presented to the Clerk of the Planning Board at least two weeks
prior to a regular meeting of the Board in order that a public hearing
may be scheduled and the required five days' notice given.
(2)
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Articles I and II of Chapter 222, Stormwater Management and Erosion and Sediment Control, shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article II of Chapter 222. The approved final subdivision plat shall be consistent with the provisions of Chapter 222.
[Added 4-27-2010 by L.L. No. 5-2010]
B.
Endorsement of County Health Department. The proposed
subdivision plat shall be properly endorsed by the County Health Department,
as required by the county sanitary code, before any public hearing
is scheduled. The plat should be in final form before submission to
the County Health Department for approval.
C.
Public hearing. Before the Planning Board acts on
any subdivision plat, it will hold a public hearing thereon in accordance
with the Village Law. The applicant shall display prominently on his
property, for one week preceding the date of public hearing, at least
one sign two feet by three feet in size and carrying a legend prescribed
by the Village Planning Board announcing the public hearing. The sign
shall be in full public view from the street and not more than 30
feet therefrom, and the subdivider is to provide the Planning Board
with an accurate list of names and addresses of adjacent property
owners and proof that said property owners have been notified at least
10 days before the public hearing.
D.
Action on subdivision plat. The Planning Board shall,
within 62 days from the official submittal date of the subdivision
plat, approve, modify and approve, or disapprove the plat. If the
plat is disapproved, the reasons for such action shall be stated on
the records of the Planning Board, and a copy of such reasons shall
be sent to the applicant. If the plat is approved, it shall not be
signed by the appropriate officers of the Planning Board until the
applicant has met all the conditions of the action granting approval
of such plat.
[Amended 1-3-1978 by L.L. No. 1-1978; 4-11-1995 by L.L. No.
1-1995]
E.
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made in any subdivision plat after
approval has been indicated by signature on the plat. In the event
that any subdivision plat, when recorded, contains any such changes,
the plat shall be considered null and void, and the Board shall institute
legal proceedings to have said plat stricken from the records of the
County Clerk.
F.
Signing of plat.
(1)
The appropriate officers to sign an approved subdivision
plat shall be the Chairman and the Clerk. In the absence of the Chairman,
the Acting Chairman shall be authorized to sign in his place.
(2)
Every subdivision plat submitted to the Board for
its approval shall carry the following endorsement:
|
Approved by resolution of the Planning Board
of the Village of Spring Valley, New York, on the _______ day of _________________,
19 _____, subject to all requirements and conditions of said resolution.
Any change, erasure, modification or revision of this plat, as approved,
shall void this approval.
| ||||
|---|---|---|---|---|
|
Signed this ___________ day of ____________,
19_____
| ||||
|
| ||||
|
Chairman
| ||||
|
| ||||
|
Clerk
| ||||
(3)
The Chairman or Vice Chairman and the Clerk will sign
the tracing cloth or Mylar original of the plat (which will be returned
to the applicant) and one print of the plat (which will be returned
by the Board).
[Amended 4-11-1995 by L.L. No. 1-1995]
A.
Improvements and performance bond.
(1)
Following an action by the Planning Board approving
a subdivision plat and before the plat is signed by the appropriate
officers of the Planning Board, the applicant shall be required to
complete, in accordance with the Planning Board's decision and to
the satisfaction of the Village Engineer or any other official authorized
by law to act, all the street, sanitary and other improvements specified
in the action approving said plat or, as an alternative, to file with
the Board of Trustees a bond estimated by the Planning Board as sufficient
to secure to the village the satisfactory construction and installation
of the uncompleted portion of the required improvements. Such performance
bond shall comply with the requirements of § 7-730 of the
Village Law and shall be satisfactory to the Village Attorney as to
form, sufficiency and manner of execution.
[Amended 4-11-1995 by L.L. No. 1-1995]
(2)
A period of one year or such other period as the Planning
Board may determine appropriate, within which required improvements
must be completed, shall be specified by the Planning Board and expressed
in the bond. The bond shall provide that an amount determined adequate
by the Planning Board shall be retained for a period of one year after
the date of completion of the required improvements to assure their
satisfactory condition. All required improvements shall be made by
the applicant at his expense without reimbursement by the village.
(3)
Waiver of required improvements. The Planning Board
may waive, for such period as it may determine, the provision of any
or all such improvements as, in its judgment, are not necessary in
the interests of the public health, safety and general welfare. In
the case of each waiver granted, the Planning Board shall enter upon
its records the reason or reasons why the particular improvement is
not necessary, and it shall attach appropriate conditions or require
such guaranties as may be necessary to protect the public interest.
B.
Inspection of improvements.
(1)
The Village Engineer or other duly designated official shall inspect required improvements during construction to assure their satisfactory completion, and the Planning Board shall require a certificate from such official stating that all required improvements have been satisfactorily completed. The applicant shall pay to the village an inspection fee as set forth in Chapter 118, Fees, and the subdivision plat shall not be signed by the Chairman and the Clerk of the Planning Board until such fee has been paid.
[Amended 12-20-1977 by L.L. No. 13-1977; 4-11-1995 by L.L. No.
1-1995]
(2)
If the Village Engineer finds, upon inspection, that
any of the required improvements have not been constructed in accordance
with the approved plans, the applicant shall be responsible for completing
said improvements according to specifications. Failure of the Village
Engineer or other duly designated official to carry out inspections
of required improvements during construction will not in any way relieve
the applicant or the bonding company of their responsibilities.
C.
Utilities. Where utilities required by the Planning
Board are to be installed by a public utility company, the Planning
Board, in its discretion, may accept assurance from the public utility
company, in writing, that such installations will be furnished by
the company within a specified period of time and in accordance with
the approved construction plans.
D.
Monuments. Permanent monuments of a type satisfactory
to the Village Engineer shall be set at such block corners, angle
points, points of curves in streets and other points as the Village
Engineer may require, and their location shall be shown on the subdivision
plat.
E.
Future status of streets, parks and easements; offers
of cession and release.
(1)
The applicant may add as part of the plat a notation,
if he so desires, to the effect that no offer of dedication of certain
or all of the streets and parks shown on the plat is made to the public.
Formal offer of cession to the public of all streets and parks not
marked with such notation on the plat shall be filed with the Planning
Board prior to approval of the plat by the Planning Board. Acceptance
of any such offer shall rest with the Village Board of Trustees. In
the event that the applicant shall elect not to file the plat in the
office of the County Clerk within the ninety-day period required by
law, then such formal offer of cession shall be deemed to be void.
(2)
There shall be submitted to the Planning Board prior
to the approval of the plat copies of agreements or other documents
providing for the suitable maintenance of all streets and parks not
offered to the public; statements of all rights which exist with respect
to the use of such property; and agreements permitting entrance by
the public on streets, parks, or easements, for the purpose of installing
required improvements in the event of nonperformance under the terms
of the bond. These agreements or reference to them shall be noted
on the plat.
(3)
The approval by the Planning Board of a subdivision
plat shall not be deemed to constitute or imply the acceptance by
the Board of Trustees of any street, park, playground or other open
space shown on said plat. The Planning Board may require said plat
to be endorsed with appropriate notes to this effect. The Planning
Board may also require the filing of a written agreement by the applicant,
satisfactory to the Board of Trustees covering future title, dedication
and provision for the cost of grading, development, equipment and
maintenance of any park or playground area.
Upon completion of all requirements set forth
in the action approving the subdivision plat, the plat shall be properly
signed by the appropriate officers of the Planning Board and shall
be filed by the applicant in the office of the County Clerk. Any subdivision
plat not so filed within 90 days of the date of Planning Board signature
shall become null and void. The applicant shall submit three copies
of the final plat, showing the endorsement of the County Clerk to
the Planning Board's Clerk, within 30 days of the date of filing.
A.
When a performance bond is posted and where a permit
is desired for occupancy of a building in a subdivision, prior to
the completion of the improvements as required in the Planning Board's
approval of the subdivision plat, the Village Engineer shall certify,
in writing, that the street serving the proposed building is adequate
for vehicular access by the occupant and by police and fire equipment,
prior to the issuance of an occupancy permit. Where such permit has
been issued, the street shall be maintained in suitable condition.
If it is not so maintained and the situation is not corrected within
48 hours following written notice from the Village Engineer, the Village
Engineer shall proceed to put the street into suitable condition,
the cost of which work shall be a charge against the subdivider. The
performance bond given by the subdivider shall provide for the reimbursement
of the village for necessary street maintenance expense incurred under
the above-described circumstances.
B.
All the above standards shall apply to drainage and
sewerage.
