Whenever any subdivision of land is proposed
to be made and before any contract for the sale of or any offer to
sell any lots 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, the subdivider or his duly authorized
agent shall apply, in writing, for approval of such proposed subdivision
in accordance with the following procedures:
A.
Sketch plan.
(1)
Submission of sketch plan. Any owner of land shall,
prior to the subdivision of land, submit to the Planning Board at
least 10 days prior to a scheduled meeting of the Board two copies
of a sketch plan of the proposed subdivision. This step does not require
a formal application fee.
(2)
Documents to be submitted for sketch plan. The sketch
plan initially submitted to the Planning Board shall be the based
on Tax Map information or some other similarly accurate base map at
a scale [preferably not less than 200 feet to the inch] to enable
the entire tract to be shown on one sheet. The sketch plan shall include
the following information:
(a)
The location of that portion which is to be
subdivided in relation to the entire tract, and the distance to the
nearest existing street intersection.
(b)
All existing structures, wooded areas, streams
and other significant physical features within the portion to be subdivided
and within 200 feet thereof. If topographic conditions are significant,
contours shall also be indicated at intervals of not more than 10
feet.
(c)
The name of the owner and of all adjoining property
owners as disclosed by the most recent municipal tax records.
(d)
The Tax Map sheet, block and lot numbers, if
available.
(e)
All the utilities available and all streets
which are either proposed, mapped or built.
(f)
The proposed pattern of lots (including lot
width and depth), street layout, recreation areas, systems of drainage,
sewerage and water supply within the subdivided area.
(g)
All existing restrictions on the use of land,
including easements, covenants or zoning lines and districts.
(3)
Sketch plan conference. After submission of the sketch
plan, the subdivider or his duly authorized representative shall meet
with the Planning Board to discuss the requirements of these regulations
for street improvements, drainage, sewerage, water supply, fire protection
and similar aspects, as well as the availability of existing services
and other pertinent information.
(4)
Study of sketch plan.
(a)
Within 30 days after the sketch plan conference
the Planning Board shall inform the subdivider that the sketch plan
and data, as submitted or as modified in the sketch plan conference,
do or do not meet the purposes of this chapter, and it shall express
its reasons.
(b)
If the Planning Board concludes that the sketch
plan does meet the purposes and objectives of this chapter, it shall
also inform the subdivider of any additional or special information
or requirements that must be included in the preliminary plat application.
(c)
If the Planning Board concludes that the sketch
plan does not meet the purposes and objectives of this chapter, the
subdivider may revise the sketch plan consistent with the reasons
as expressed by the Planning Board, if possible, and begin the sketch
plan process again.
(5)
After a sketch plan is submitted but before a preliminary
plat is submitted, there shall be an application fee, and after final
plat approval there will be a per lot fee for lots through the entire
subdivision which the subdivider proposes to record and develop. Fees
shall be as set forth from time to time by the Village Board.
[Amended 3-18-1996 by L.L. No. 2-1996]
B.
Approval of preliminary plats.
[Amended 12-16-1996 by L.L. No. 8-1996]
(1)
Submission of preliminary plats.
(a)
A preliminary plat shall be prepared at an appropriate
scale and shall be clearly marked "preliminary plat." It shall show
the proposed layout of streets, their relation to topographic conditions
and to adjacent streets, the pattern of lots and typical lot sizes,
playgrounds and other public areas, easements, building setback lines,
the tract name and developer, North arrow, date, scale and the proposed
water supply and sewage disposal system(s) and such other information
as may be required by the Planning Board.
(b)
Three copies of the preliminary plat and supplementary
material specified shall be submitted to the Planning Board for approval.
(c)
The preliminary plat shall be endorsed by an
engineer or surveyor licensed in the State of New York.
(2)
Coordination with the State Environmental Quality
Review Act. The Planning 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.
(3)
Receipt of a complete preliminary plat. A preliminary
plat 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 the State Environmental Quality Review Act. The time periods for
review of a preliminary plat shall begin upon filing of such negative
declaration or such notice of completion.
(4)
Planning Board as lead agency under the State Environmental
Quality Review Act; public hearing; notice; decision.
(a)
Public hearing on preliminary plats. The time
within which the Planning Board shall hold a public hearing on the
preliminary plat shall be coordinated with any hearings the Planning
Board may schedule pursuant to the State Environmental Quality Review
Act, as follows:
[1]
If the Planning Board determines that the preparation
of an environmental impact statement on the preliminary plat is not
required, the public hearing on such plat shall be held within 62
days after the receipt of a complete preliminary plat by the clerk
of the Planning Board; or
[2]
If the Planning Board determines that an environmental
impact statement is required and a public hearing on the draft environmental
impact statement is held, the public hearing on the preliminary plat
and the draft environmental impact statement shall be held jointly
within 62 days after the filing of the notice of completion of such
draft environmental impact statement in accordance with the provisions
of the State Environmental Quality Review Act. If no public hearing
is held on the draft environmental impact statement, the public hearing
on the preliminary plat shall be held within 62 days of filing the
notice of completion.
(b)
Public hearing; notice; length. The hearing
on the preliminary plat shall be advertised at least once in a newspaper
of general circulation in the Village at least five days before such
hearing if no hearing is held on the draft environmental impact statement
or 14 days before a hearing held jointly therewith. The Planning Board
may provide that the hearing be further advertised in such manner
as it deems most appropriate for full public consideration of such
preliminary plat. The hearing on the preliminary plat shall be closed
upon motion of the Planning Board within 120 days after it has been
opened.
(c)
Decision. The Planning Board shall approve,
with or without modification, or disapprove such preliminary plat
as follows:
[1]
If the Planning Board determines that the preparation
of an environmental impact statement on the preliminary plat is not
required, such Board shall make its decision within 62 days after
the close of the public hearing; or
[2]
If the Planning Board determines that an environmental
impact statement is required and a public hearing is held on the draft
environmental impact statement, the final environmental impact statement
shall be filed within 45 days following the close of such public hearing
in accordance with the provisions of the State Environmental Quality
Review Act. If no public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of the public hearing on
the preliminary plat. Within 30 days of the filing of such final environmental
impact statement, the Planning Board shall issue findings on the final
environmental impact statement and make a decision on the preliminary
plat.
(d)
Grounds for decision. The grounds for a modification,
if any, or of the disapproval shall be stated upon the records of
the Planning Board. When so approving a preliminary plat, the Planning
Board shall state, in writing, any modifications it deems necessary
for submission of the plat in final form.
(5)
Planning Board not as lead agency under the State
Environmental Quality, Review Act; public hearing; notice; decision.
(a)
Public hearing on preliminary plats. The Planning
Board shall, with agreement of the lead agency, hold the public hearing
on the preliminary plat jointly with the lead agency's hearing on
the draft environmental impact statement. Failing such agreement or
if no public hearing is held on the draft environmental impact statement,
the Planning Board shall hold the public hearing on the preliminary
plat within 62 days after the receipt of a complete preliminary plat
by the clerk of the Planning Board.
(b)
Public hearing; notice, length. The hearing
on the preliminary plat shall be advertised at least once in a newspaper
of general circulation in the Village at least five days before such
hearing if held independently of the hearing on the draft environmental
impact statement, or 14 days before a hearing held jointly therewith.
The Planning Board may provide that the hearing be further advertised
in such manner as it deems most appropriate for full public consideration
of such preliminary plat. The hearing on the preliminary plat shall
be closed upon motion of the Planning Board within 120 days after
it has been opened.
(c)
Decision. The Planning Board shall by resolution
approve with or without modification or disapprove the preliminary
plat as follows:
[1]
If the preparation of an environmental impact
statement on the preliminary plat is not required, the Planning Board
shall make its decision within 62 days after the close of the public
hearing on the preliminary plat.
[2]
If an environmental impact statement is required,
the Planning Board shall make its own findings and its decision on
the preliminary plat within 62 days after the close of the public
hearing on such preliminary plat or within 30 days of the adoption
of findings by the lead agency, whichever period is longer.
(d)
Grounds for decision. The grounds for modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board. When so approving a preliminary plat, the Planning
Board shall state in writing any modifications it deems necessary
for submission of the plat in final form.
(6)
Certification and filing of preliminary plat. Within
five business days of the adoption of the resolution granting approval
of such preliminary plat, such plat shall be certified by the clerk
of the Planning Board as having been granted preliminary approval
and a copy of the plat and resolution shall be filed in such clerk's
office. A copy of the resolution shall be mailed to the owner.
(7)
Filing of decision on preliminary plat. Within five
business days from the date of the adoption of the resolution approving
the preliminary plat, the Chairman or other duly authorized member
of the Planning Board shall cause a copy of such resolution to be
filed in the office of the Village Clerk.
(8)
Revocation of approval of preliminary plat. Within
six months of the approval of the preliminary plat, the owner must
submit the plat in final form. If the final plat is not submitted
within six months, approval of the preliminary plat may be revoked
by the Planning Board.
C.
Approval of final plats.
[Amended 12-16-1996 by L.L. No. 8-1996]
(2)
Final plats which are in substantial agreement with
preliminary plats. When a final plat is submitted which the Planning
Board deems to be in substantial agreement with a preliminary plat
approved pursuant to this section, the Planning Board shall by resolution
conditionally approve with or without modification, disapprove or
grant final approval and authorize the signing of such plat, within
62 days of its receipt by the clerk of the Planning Board.
(3)
Final plats; not in substantial agreement with approved
preliminary plats. When a final plat is submitted which the Planning
Board deems not to be in substantial agreement with the preliminary
plat approved pursuant to this section, the following shall apply:
(a)
Planning Board as lead agency; public hearing;
notice; decision.
[1]
Public hearing on final plats. The time within
which the Planning Board shall hold a public hearing on such final
plat shall be coordinated with any hearings the Planning Board may
schedule pursuant to the State Environmental Quality Review Act, as
follows:
[a]
If such Board determines that the
preparation of an environmental impact statement is not required,
the public hearing on a final plat not in substantial agreement with
the preliminary plat shall be held within 62 days after receipt of
a complete final plat by the clerk of the Planning Board; or
[b]
If such Board determined that an
environmental impact statement is required and a public hearing on
the draft environmental impact statement is held, the public hearing
on the final plat and the draft environmental impact statement shall
be held jointly within 62 days after the filing of the notice of completion
of such draft environmental impact statement in accordance with the
provisions of the State Environmental Quality Review Act. If no public
hearing is held on the draft environmental impact statement, the public
hearing on the final plat shall be held within 62 days following filing
of the notice of completion.
[2]
Public hearing; notice, length. The hearing
on the final plat shall be advertised at least once in a newspaper
of general circulation in the Village at least five days before such
hearing if no hearing is held on the draft environmental impact statement
or 14 days before a hearing held jointly therewith. The Planning Board
may provide that the hearing be further advertised in such manner
as it deems most appropriate for full public consideration of such
final plat. The hearing on the final plat shall be closed upon motion
of the Planning Board within 120 days after it has been opened.
[3]
Decision. The Planning Board shall make its
decision on the final plat as follows:
[a]
If such Board determines that the
preparation of an environmental impact statement on the final plat
is not required, the Planning Board shall, by resolution, conditionally
approve, with or without modification, disapprove or grant final approval
and authorize the signing of such plat, within 62 days after the date
of the public hearing; or
[b]
If such Board determines that an
environmental impact statement is required and a public hearing is
held on the draft environmental impact statement, the final environmental
impact statement shall be filed within 45 days following the close
of such public hearing in accordance with the State Environmental
Quality Review Act. If no public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of the public hearing on
the final plat. Within 30 days of the filing of the final environmental
impact statement, the Planning Board shall issue findings on such
final environmental impact statement and shall by resolution conditionally
approve, with or without modification, disapprove or grant final approval
and authorize signing of such final plat.
[4]
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board.
(b)
Planning Board not as lead agency; public hearing;
notice; decision.
[1]
Public hearing. The Planning Board shall, with
the agreement of the lead agency, hold the public hearing on the final
plat jointly with the lead agency's hearing on the draft environmental
impact statement. Failing such agreement or if no public hearing is
held on the draft environmental impact statement, the Planning Board
shall hold the public hearing on the final plat within 62 days after
the receipt of the complete final plat by the clerk of the Planning
Board.
[2]
Public hearing; notice; length. The hearing
on the final plat shall be advertised at least once in a newspaper
of general circulation in the Village at least five days before such
hearing if held independently of the hearing on the draft environmental
impact statement, or fourteen days before a hearing held jointly therewith.
The Planning Board may provide that the hearing be further advertised
in such manner as it deems most appropriate for full public consideration
of such final plat. The hearing on the final plat shall be closed
upon motion of the Planning Board within 120 days after it has been
opened.
[3]
Decision. The Planning Board shall by resolution
conditionally approve, with or without modification, disapprove or
grant final approval and authorize the signing of such plat as follows:
[a]
If the preparation of an environmental
impact statement on the final plat is not required, the Planning Board
shall make its decision within 62 days after the close of the public
hearing on the final plat.
[b]
If an environmental impact statement
is required, the Planning Board shall make its own findings and its
decision on the final plat within 62 days after the close of the public
hearing on such final plat or within 30 days of the adoption of findings
by the lead agency, whichever period is longer. The grounds for modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board.
D.
Approval and certification of final plats.
[Added 12-16-1996 by L.L. No. 8-1996]
(1)
Certification of plat. Within five business days of
the adoption of the resolution granting conditional or final approval
of the final plat, such plat shall be certified by the clerk of the
Planning Board as having been granted conditional or final approval
and a copy of such resolution and plat shall be filed in such clerk's
office. A copy of the resolution shall be mailed to the owner. In
the case of a conditionally approved plat, such resolution shall include
a statement of the requirements which when completed will authorize
the signing thereof. Upon completion of such requirements, the plat
shall be signed by said duly authorized officer of the Planning Board
and a copy of such signed plat shall be filed in the office of the
clerk of the Planning Board or filed with the Village Clerk as determined
by the Village Board of Trustees.
(2)
Approval of plat in sections. In granting the conditional
or final approval of a plat in final form, the Planning Board may
permit the plat to be subdivided and developed in two or more sections
and may in its resolution granting conditional or final approval state
that such requirements as it deems necessary to insure the orderly
development of the plat be completed before said sections may be signed
by the duly authorized officer of the Planning Board. Conditional
or final approval of the sections of the final plat may be granted
concurrently with conditional or final approval of the entire plat,
subject to any requirements imposed by the Planning Board.
(3)
Duration of conditional approval of final plat. 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
may extend by not more than two additional periods on 90 days each
the time in which a conditionally approved plat must be submitted
for signature if, in the Planning Board's opinion, such extension
is warranted by the particular circumstances.
E.
Default approval of preliminary or final plat. The
time periods prescribed herein within which the Planning Board must
take action on a preliminary plat or final plat are specifically intended
to provide the Planning Board and the public adequate time for review
and to minimize delays in the processing of subdivision applications.
Such periods may be extended only by mutual consent of the owner and
the Planning Board. In the event the Planning Board fails to take
action on a preliminary plat or final plat within the time prescribed
therefor after completion of all requirements under the State Environmental
Quality Review act, or within such extended period as may have been
established by 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 the 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.
[Added 12-16-1996 by L.L. No. 8-1996]
F.
Filing of decision on final plat. Within five business
days from the date of the adoption of the resolution approving the
final plat, the Chairman or other duly authorized member of the Planning
Board shall cause a copy of such resolution to be filed in the office
of the Village Clerk.
[Added 12-16-1996 by L.L. No. 8-1996]
G.
Notice to county planning agency. When the county
planning agency 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 county planning agency as provided in that section.
[Added 12-16-1996 by L.L. No. 8-1996]
H.
Filing of final plat; expiration of approval.
[Added 12-16-1996 by L.L. No. 8-1996]
(1)
The owner shall file in the office of the County Clerk
or register such approved final plat or a section of such plat within
62 days from the date of final approval or such approval shall expire.
The following shall constitute final approval:
(a)
Signature of the duly authorized officer of
the Planning Board constituting final approval by the Planning Board
of a plat as herein provided;
(b)
The approval by such Board of the development
of such plat or plats already filed in the office of the County Clerk
or register of the county in which such plat or plats are located
if such plats are entirely or partially undeveloped; or
(c)
The certificate of the Village subdivision clerk
as to the date of the submission of the final plat and the failure
of the Planning Board to take action within the time herein provided.
(2)
In the event that the owner shall file only a section
of such approved plat in the office of the County Clerk or the register,
the entire approved plat shall be filed within 30 days of the filing
of such section with the Village Clerk in each Village in which any
portion of the land described in the plat is situated. 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 period to which such plat is entitled under the provisions
of § 7-708 of the Village law.
[Added 12-16-1996 by L.L. No. 8-1996]
I.
Subdivision abandonment. The owner of an approved
subdivision may abandon such subdivision pursuant to the provisions
of § 560 of the Real Property Tax Law.
[Added 12-16-1996 by L.L. No. 8-1996]
