Whenever any subdivision of land is proposed,
before any contract 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 procedures set forth in this article.
[Amended 10-26-2010 by L.L. No. 6-2010]
In order to best determine how the plans and
proposals of the applicant will fit into the overall planning program
of the Village, an informal discussion may be held, before preparation
of the sketch plan, between the applicant and the Planning Board or
its authorized representative for the purpose of investigations of
land, street improvements, drainage, sewerage, water, fire protection,
compliance with the Village of Chittenango Site and Architectural
Design Standards for Commercial Design Overlay Districts, if applicable,
and similar aspects, as well as the availability of existing services.
The applicant should also discuss the requirements made necessary
by the State Health Department, whose approval is required in the
case of all subdivisions containing five or more lots.
The village shall employ an engineer to act
as agent of the Planning Board for the purpose of assuring the satisfactory
completion of improvements required by the Planning Board and shall
determine an amount sufficient to defray costs of inspection. The
application shall pay the village the costs of inspection before the
final subdivision plat is signed for filing. If the Planning Board
or its agent finds, upon inspection, that any of the required improvements
have not been constructed in accordance with the approved construction
detail sheets, the applicant and the surety or bonding company will
be severally and jointly liable for the costs of completing said improvements
according to specifications.
The plat shall contain all necessary agreements
in connection with required easements or releases. Formal offers of
cession to the village of all streets and parks not marked on the
plat with a notation to the effect that such cession will not be offered
shall be submitted to the Village Attorney. Before endorsement of
the final subdivision plat, the Planning Board will require a certificate
of approval from the Village Attorney as to the legal sufficiency
of the offers of cession for all areas proposed to be ceded to the
village.
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 Madison County Clerk.
Any subdivision plat not so filed within 90 days of the date of Planning
Board signature shall become null and void.
For a resubdivision, the same procedure, rules
and regulations apply as for a subdivision.
In such cases where the approved subdivision plat is for the construction of one-family dwellings and/or two-family dwellings to be located upon separately delineated lots or parcels of land and upon the posting of the performance guaranty in accordance with §
125-10 and after approval and filing of the subdivision plat, the subdivider may initiate land sales or construction of the subdivision itself, subject, however, to the applicable provisions of the Code of the Village of Chittenango not inconsistent with the approvals granted the applicants by the Planning Board and/or the Board of Trustees.