[HISTORY: Adopted by the Board of Trustees of the Village of Flower Hill 11-10-1999 by L.L. No. 3-1999. Amendments noted where applicable.]
A Planning Board shall be appointed by the Board of Trustees, pursuant to the provisions of § 7-718 of the Village Law of the State of New York.
The Board shall consist of five members, who shall serve without compensation, to be appointed by the Mayor with the approval of the Board of Trustees; the Mayor shall designate the Chairperson.
The Board of Trustee may require Planning Board members to take and complete training and continuing education courses, from time to time, as may be adopted by resolution of the Board of Trustees.
The Planning Board 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.
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.
Major subdivisions. Any subdivision that is not a minor subdivision.
The Board of Trustees may, by resolution, empower the Planning Board in connection with any specific application, either to review and approve site plans pursuant to the provisions of Village Law § 7-725-a, or to review and advise said Trustees thereon, as provided in the empowering resolution.
The unexcused absence from three meetings of the Planning Board by any member thereof in any calendar year shall be grounds for his or her removal by vote of the Board of Trustees after an opportunity to be heard, upon notice, at a meeting of the Board of Trustees.
The Planning Board 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.
The applicant for any subdivision shall be the fee owner of the property or a contract vendee thereof.
In any major subdivision, the applicant shall submit with the subdivision a schedule of specifications showing:
The materials to be used and methods to be adopted in the construction of streets, curbs, gutters, drains and underground piping, as applicable.
Grades of streets showing the courses and disposition of surface waters and the location of drains.
Proposed plantings for shoulders of streets and in parks, streetlighting, landscaping and retaining walls.
A plat for a major subdivision shall specify by diagram or reference notes:
Additional plat requirements for major subdivisions:
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.
A performance bond in an amount to be determined by the Planning Board shall be required to ensure completion of all required street and drainage improvements within two years.
When the improvements covered by the performance bond and the Planning Board 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.
An inspection fee shall be paid to the village in accordance with Chapter A243, Fees, Charges and Deposits.
All underground utilities and drains must be installed prior to final paving of streets.
The applicant shall file with the Planning Board, either the written consents of the owners of all properties situate within 200 feet of the applicant's property line or, in lieu thereof, written proof that notice has been sent to each such property owner by registered or certified mail, which notice shall include the date of the public hearing on the application, the identification of the subject property and a statement of the subdivision requested. The failure to provide such notice shall be sufficient grounds to adjourn the public hearing, and the additional costs incurred thereby shall be chargeable to the applicant, to be paid prior to the conduct of the adjourned date of the public hearing.
[Amended 11-6-2000 by L.L. No. 3-2000]
Upon a finding by the Planning Board, 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.
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.
Plat approval shall be subject to such other or additional requirements as the Planning Board may deem appropriate and as shall be adopted by resolution in the interests of public health, safety and welfare.
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.