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.
A. 
Application. Prior to subdividing or resubdividing land, the subdivider shall submit an application, on forms available at the office of the Village Clerk, three copies of a sketch plan of such proposed subdivision and supporting material as specified in Article VI of these regulations. Such material shall be submitted to the Chairman of the Planning Board at least five working days prior to the Planning Board meeting at which it is to be considered. All sketch plan submissions shall be accompanied by a fee of $5.
B. 
Planning Board action.
(1) 
The Planning Board shall act to classify the sketch plan. At its sole discretion the Planning Board may classify a sketch plan as a minor subdivision when there are no more than three lots involved (the initial parcel plus two new lots) and when each of said lots fronts on an existing street and does not require a new or extended street or the extension of public water or sewer service. Any sketch plan not classified by the Planning Board as a minor subdivision will be considered a major subdivision for the purposes of these regulations.
(2) 
Action to classify the subdivision shall be taken at a regular or special meeting, and the Planning Board shall notify the subdivider of the action taken within 10 days of such meeting. Before classifying a sketch plan, the Planning Board may require the subdivider to submit any additional data deemed necessary to making the classification. Failure by the Planning Board to classify the sketch plan within 45 days from the official submission date shall result in the automatic classification of the sketch plan as a major subdivision.
C. 
Waiver of preliminary plat. When a sketch plan for a proposed subdivision has been classified as a minor subdivision, the preliminary plat stage of subdivision approval shall be waived and the applicant shall prepare a final subdivision plat in accordance with § 125-9 of these regulations.
D. 
Enlarging a lot. Where the Planning Board finds that a proposed purchase of a parcel of land is for the purpose of enlarging the purchaser's existing lot, is contiguous to land already owned by the perspective purchaser, does not require any connecting municipal facilities or streets, will be combined by the purchaser with the original parcel and will become one parcel and will conform to all applicable village laws and regulations, the Planning Board may approve such lot enlargement, subject to appropriate conditions, if any, and may waive any or all other subdivision regulations contained herein.
A. 
Application.
(1) 
Prior to filing an application for the approval of a final subdivision plat, the applicant shall file an application for the approval of a preliminary plat. Such application shall:
(a) 
Be made on form available at the office of the Village Clerk.
(b) 
Include all land which the applicant proposes to subdivide.
(c) 
Be accompanied by five copies of the preliminary plat as described in Article VI of these regulations.
(d) 
Comply in all respects with Article IV of these regulations and with the provisions of §§ 7-728 through 7-732 of the Village Law, except where a modification may be specifically authorized by the Planning Board.
(e) 
Be presented to the Chairman of the Planning Board at least two weeks before the next regularly scheduled Planning Board meeting.
(f) 
Be accompanied by a completed long-form environmental assessment.
(g) 
Be accompanied by a base fee of $100, plus $2 for each lot within the subdivision.
(2) 
If the applicant subsequently elects not to file an application for approval of a final subdivision plat, 1/2 of the total fee shall be returned.
B. 
The Planning Board will carefully 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 will be given to the arrangement, location and width of streets, their relation to the topography of the land, sewage disposal, surface water drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided and the provisions of the Comprehensive Plan and the Official Map as they may be adopted, in addition to the Village of Chittenango Site and Architectural Design Standards for Commercial Overlay Districts.
[Amended 10-26-2010 by L.L. No. 6-2010]
C. 
Applicant to attend Planning Board meeting. The applicant and the designer of the subdivision should be prepared to attend the next regular meeting of the Planning Board and any subsequent meetings deemed necessary by the Chairman of the Planning Board to discuss the preliminary plat.
D. 
The preliminary plat shall be reviewed by the Planning Board for compliance with any sketch plan conditions and with the provisions of these regulations. Additionally, preliminary plats within the Commercial Design Overlay Districts shall be reviewed for compliance with the provisions of the site design regulations of the Village of Chittenango Site and Architectural Design Standards for Commercial Design Overlay Districts. For any noncompliance, the Planning Board may return the plat to the applicant along with directions for bringing it into compliance.
[Amended 10-26-2010 by L.L. No. 6-2010]
E. 
Referral to county agencies. Referral of the Preliminary Plat to the Madison County Planning Department and the County Highway Department shall be made by the Planning Board in compliance with applicable provisions of §§ 239-k and 239-n of the General Municipal Law.[1] The County Planning Department shall report to the village on its approval, with or without conditions, or disapproval of the preliminary plat within 30 days from the date of receipt of said plat from the village. If the County Planning Department disapproves or recommends modification of said preliminary plat, the Village Planning Board shall not act contrary to such recommendations except by a vote of a majority plus one of all members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary action.
[1]
Editor's Note: Section 239-k was repealed by L. 1998, c. 451.
F. 
Modification of the Zoning Law.[2] If any modification of the Village Zoning Law is to be considered pursuant to § 7-738 of Article 7 of Village Law, authority for such modification must be obtained, upon Planning Board request, by a resolution of the Village Board. Such authorization shall specify the lands to which this procedure may be applied and the conditions which would be applicable. This procedure may be applied to residentially zoned land only and may be followed by the Planning Board after authorization, if, in the Planning Board's judgment, application would benefit the village.
[2]
Editor's Note: See Ch. 148, Zoning.
G. 
Action by the Planning Board. Within 60 days from the submission of a preliminary plat, the Planning Board shall take action to conditionally approve, with or without modification, or disapprove such preliminary plat. The grounds for any required modification or for disapproval shall be entered in the record of the subdivision application. By mutual agreement of the Planning Board and the applicant, the time for Planning Board action may be extended by no more than 30 days. Failure of the Planning Board to take action within such sixty-day period, or any extension of such period, shall constitute a conditional approval of the preliminary plat.
H. 
Determination of environmental significance. When the Planning Board is the lead agency for SEQR review of the proposed subdivision, it shall, as part of the action taken on a preliminary plat, determine the environmental significance of the subdivision. Such determination of significance shall be made pursuant to Section 617.6(g) of Part 617 of the New York Codes, Rules and Regulations pursuant to the Environmental Conservation Law. When there is a positive determination of environmental significance, the Planning Board may require the preparation of an environmental impact statement prior to any action on the final subdivision plat.
I. 
Optional public hearing. Within such sixty-day period for action, or any extension of such period, the Planning Board may hold a public hearing on the preliminary plat. Any such public hearing shall be advertised at least once in a newspaper of general circulation in the village and a notice of hearing posted in at least three prominent places at least five days before such hearing.
J. 
Required changes for preliminary plat approval. After discussion of the preliminary plat and approval of a Planning Board resolution of the plat and making a finding on the environmental impact thereof, the Planning Board will advise the applicant, in writing, of the specific changes it will require in the preliminary plat and the character and extent of required improvements and reservations which it will require as a prerequisite to the approval of the final subdivision plat. This shall constitute tentative approval of the preliminary plat.
K. 
Meaning of preliminary plat approval. Approval of a preliminary plat shall not constitute or imply approval of the final subdivision plat. Rather, it shall be deemed an expression of general approval of the design incorporated in the preliminary plat and a guide to the preparation of the final subdivision plat, which will be submitted for approval of the Planning Board and for recording with the County Clerk. After approval of the preliminary plat and prior to approval of the final plat, the Planning Board may require additional changes as a result of further study of the subdivision in final form or as a result of new information obtained.
A. 
Application procedure. Within six months of the tentative approval of the preliminary plat, the applicant shall file with the Planning Board an application for approval of a subdivision plat in final form. The application shall:
(1) 
Be made on forms provided by the Planning Board at the time of tentative approval of the preliminary plat.
(2) 
Include the entire subdivision, or a section thereof which derives access from a street improved to village standards or for which a performance guaranty covering such improvement is held by the village.
(3) 
Be accompanied by five copies of the final subdivision plat and the construction detail sheets, as described in Article VI of these regulations.
(4) 
Comply in all respects with the preliminary plat as tentatively approved.
(5) 
Be presented to the Chairman 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.
B. 
Official submittal date. The subdivision plat shall be considered officially submitted only at the next regular meeting of the Planning Board following completion of the application procedure outlined above.
C. 
Endorsement of State Health Department. The proposed final subdivision plat shall be properly endorsed by the State Health Department as meeting the standards of the State Sanitary Code, Public Health Law or other applicable health code before any public hearing is scheduled. The plat should be in final form before State Health Department approval is obtained.
D. 
Environmental impact statement. When the Planning Board has determined at the preliminary plat review stage that the proposed subdivision may include the potential for a significant environmental impact and that an environmental impact statement is required, the environmental impact statement procedures and findings, as set forth in Part 617 of the New York Codes, Rules and Regulations pursuant to the New York State Environmental Conservation Law, shall be followed. In such case, the Planning Bard shall not take any action on the final subdivision plat until the written statement of findings required by Section 617.9 of Part 617 has been completed and filed.
E. 
Public hearing. Before the Planning Board acts on any final subdivision plat, it shall hold a public hearing thereon, in accordance with § 7-728 of the Village Law. If any zoning changes are to be requested at the time of approval of the subdivision plat, a public hearing thereon must be held in accordance with § 7-738 of the Village Law. The two public hearings may be held at the same time, and such hearing can also suffice for any SEQR hearing required.
F. 
Action on the final subdivision plat. Within 60 days from and after the date of submission of the final subdivision plat and after a public hearing thereon, the Planning Board shall act to conditionally approve, with or without modification, or to disapprove such final plat. Such time period for action may be extended by mutual agreement between the Planning Board and the applicant. If the Planning Board fails to act within such sixty-day period or any mutually agreed upon extension thereof, such plat shall be deemed to have been approved. A certificate of such approval as a result of the Planning Board's failure to act shall be issued on demand and shall be sufficient in lieu of the written endorsement of the final plat as required by Subsection I of this section. The grounds for disapproval of any plat shall be stated on the record of the Planning Board.
G. 
Environmental impact determination. Notwithstanding the provisions of Subsection F above, the Planning Board shall not conditionally approve a final subdivision plat until a determination on the environmental impact of the proposed subdivision has been made pursuant to the Environmental Conservation Law (Part 617 of the New York Codes, Rules and Regulations).
H. 
Approval of the final plat by sections. If the subdivider so desires, and upon approval of the Planning Board, the final plat may be submitted for approval in sections, provided that the Planning Board is satisfied that development by sections will lead to the orderly development of the entire plat and that any section so submitted for final plat approval contains at least 10% of the total number of lots shown on an approved preliminary plat for the entire parcel to be subdivided.
I. 
Endorsement of the final subdivision plat. A final subdivision plat that has been conditionally approved, with or without modification, shall be considered approved only after such plat has been endorsed by the Chairman of the Planning Board or the person authorized by the Board to sign in the Chairman's absence. No plat shall be endorsed until all required improvements shall have been installed to the satisfaction of the Village Engineer or other appropriate village departments or, alternately, a performance guaranty for such improvements shall have been approved by the Board of Trustees.
J. 
Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made in any final subdivision plat after approval has been given by the Board and endorsed, in writing, on the plat. In the event that any plat, when recorded, contains any such changes, such plat shall be considered null and void, and the Board shall institute proceedings to have said plat stricken from the records of the County Clerk.
K. 
Endorsement of the plat. No final subdivision plat shall be deemed approved for filing in the office of the County Clerk unless it carries the following endorsement:
Approved by resolution of the Planning Board of the Village of Chittenango, New York, on the ____________ day of ___________________, _______, subject to all requirements and conditions of said resolution. All required improvements have been made and approved or a performance guaranty for such improvements has been approved. Any change, erasure, modification or revision of this plat, as approved, shall void this approval. Signed this ___________ day of _____________, ______, by
A. 
Prior to the Planning Board's endorsement of a final subdivision plat, the applicant shall be required to complete, in accordance with the Planning Board's decision and to the satisfaction of the appropriate village departments, all the street, sanitary and other improvements specified in the action approving said plat or, as an alternative, to file with the Village Board of Trustees a performance guaranty in an amount estimated by the Planning Board to secure to the village the satisfactory construction and installation of the incompleted portion of the required improvements.
B. 
A period of one year, or such other period not to exceed three years, as the Planning Board may determine appropriate, within which required improvements must be completed, shall be specified by the Planning Board. Such performance guaranty shall comply with the requirements of § 7-730 of the Village Law and shall be satisfactory to the Village Board as to form, sufficiency and manner of execution. The guaranty 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 at the applicant’s expense without reimbursement by the Village or any district therein. Said improvements shall include the following (see also Article V of these regulations) and shall be reviewed for compliance with the provisions of these regulations, in addition to compliance with the regulations provided in the Village of Chittenango Site and Architectural Design Standards for Commercial Design Overlay Districts, if a subdivision is within the Design Overlay Districts:
[Amended 10-26-2010 by L.L. No. 6-2010]
(1) 
Streets and streetlighting facilities.
(2) 
Street signs.
(3) 
Curbs and gutters.
(4) 
Grass curb strips.
(5) 
Sidewalks.
(6) 
Street shade trees.
(7) 
Monuments.
(8) 
The stormwater runoff system.
(9) 
The sanitary sewage collection system.
(10) 
The water supply system.
(11) 
Electrical, telephone and utility lines.
(12) 
Plantings and ground cover.
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.
A. 
The approval by the Planning Board of a final subdivision plat shall not be deemed to constitute or imply the acceptance by the village of any street, park, playground or other open space shown on said plat. The Planning Board may also waive the land requirement for parks, playgrounds or open spaces, subject to appropriate conditions. Such conditions may include the payment of a reasonable sum of money, provided that the money is specifically earmarked for a park, playground or open space which will be available for use by the residents of the subdivision in question. (See § 125-18K.)
B. 
The Planning Board may require the filing of a written agreement between the applicant and the Village Board covering the future title, dedication and provision for the cost of grading, development, equipment and maintenance of any park or playground area, as well as a written agreement covering the maintenance and plowing of all streets within the subdivision until such time as they are accepted for public maintenance by the Village Board.
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.