[HISTORY: Adopted by the Board of Trustees
of the Village of Flower Hill 11-10-1999 by L.L. No. 3-1999; amended in its entirety 5-6-2019 by L.L. No. 5-2019. Subsequent amendments noted where applicable.]
The Board of Trustees of the Village of Flower
Hill recognizes that as the Village does not have a Planning Board
that meets regularly and is not familiar with current property and
zoning issues within the Village, the Board hereby transfers those
Planning Board powers to itself under § 7-718 of the Village
Law of the State of New York.
The Board of Trustees shall be empowered to
review and approve preliminary and final plats of subdivisions pursuant
to the provisions of Village Law §§ 7-728 and 7-730.
A.
Minor subdivisions. Subdivisions are deemed to be
minor subdivisions where the same shall involve the creation of not
more than three lots from a single parcel, and where neither public
streets, water nor sewer lines shall be created; nor drainage improvements
installed that pass through more than one lot.
B.
Major subdivisions. Any subdivision that is not a
minor subdivision.
The Board of Trustees is empowered in connection
with any specific application, either to review and approve site plans
pursuant to the provisions of Village Law § 7-725-a.
The Board of Trustees shall, by resolution, adopt forms and
submission requirements for an application for subdivision, which
application shall be made upon forms provided by the Village. The
application shall contain instructions specifying the materials to
be submitted with the forms. Separate application packages shall be
available for major and for minor subdivisions. An original and seven
copies of the application shall be filed with the Village Clerk or
Village Clerk-Treasurer, together with the appropriate filing fees.
A.
The applicant
for any subdivision shall be the fee owner of the property or a contract
vendee thereof.
B.
In any major
subdivision, the applicant shall submit with the subdivision a schedule
of specifications showing:
(1)
The
materials to be used and methods to be adopted in the construction
of streets, curbs, gutters, drains and underground piping, as applicable.
(2)
Grades
of streets showing the courses and disposition of surface waters and
the location of drains.
(3)
Proposed
plantings for shoulders of streets and in parks, streetlighting, landscaping
and retaining walls.
C.
A plat for
a major subdivision shall specify by diagram or reference notes:
D.
Additional
plat requirements for major subdivisions:
(1)
The
application must be accompanied by an offer to dedicate to the Village
all streets within the platted property over which it is intended
the public shall have a right-of-way. The offer of dedication must
be executed by the owner of the fee and directed to the Board of Trustees.
The offer of dedication shall obligate the owner of the fee to furnish,
at the time of dedication, a title policy covering the bed of the
streets in favor of the Village.
(2)
A performance
bond in an amount to be determined by the Board of Trustees shall
be required to ensure completion of all required street and drainage
improvements within two years.
(3)
When
the improvements covered by the performance bond and the Board of
Trustees resolution have been completed and certified as satisfactory
by the Village Engineer, the contractor or developer shall post a
maintenance bond in an amount not less than 10% of the amount of the
performance bond, to secure the proper maintenance and repair of the
said improvements for an additional year. This shall be done as a
condition precedent to the release of the original performance bond.
(4)
An inspection fee shall be paid to the Village in accordance with Chapter A243, Fees, Charges and Deposits.
(5)
All
underground utilities and drains must be installed prior to final
paving of streets.
(6)
The
applicant shall follow all procedures as set forth in the directions
for a planning application which may be amended from time to time
by resolution of the Board of Trustees.
(7)
Upon
a finding by the Board of Trustees, based upon an evaluation of present
and future needs for park or recreational facilities as a result of
the impact of the proposed project, the Board may, in its discretion,
require an applicant to provide for a park or parks suitably located
within the plat for park or recreational purposes.
(8)
Where
the Board shall determine that the creation of a park or recreational
facilities is appropriate, but that the land shown on the plat is
inadequate for the creation thereof, the Board may require the payment
of a sum of money in lieu thereof, in an amount to be established
by the Board. Funds derived from any such payment shall be deposited
into a trust fund exclusively for park or other recreational use,
including the acquisition of real and personal property.
E.
Plat approval
shall be subject to such other or additional requirements as the Board
of Trustees may deem appropriate and as shall be adopted by resolution
in the interests of public health, safety and welfare.
F.
The failure
by an applicant to comply with any of the procedures or filing requirements
set forth in this chapter, or the existence of any outstanding violation
against the subject property, shall be grounds for the rejection of
the application or appeal.
