Whenever any subdivision of land is proposed,
before any offer or contract is made to sell any part of the proposed
subdivision and before any permit for the erection of a structure
in a subdivision shall be granted, the subdivider shall apply, in
writing, for approval of the proposed subdivision in accordance with
the following procedures. The subdivision procedure includes four
basic steps or reviews by the Planning Board, as follows:
Before the subdivision of land, the owner or
his representative shall meet with the Planning Board or its representative
to express general intent to subdivide and determine sketch plan requirements.
A.
Submission of sketch plan. The subdivider shall submit
an original and three copies, a sketch plan map and data for the proposed
subdivision to the Secretary of the Planning Board at least 10 days
before a regular meeting of the Board.
B.
Required elements of sketch plan map and data shall
be as follows:
(1)
A scaled map [200 feet to the inch minimum] with North
point, graphic scale and metes and bounds survey description or other
accurate perimeter of the property to be subdivided. This map shall
show the entire adjacent holding of the owner proposing subdivision
on one sheet not exceeding 24 inches by 36 inches.
(2)
The name of the owner and all adjoining property owners
as indicated by current tax records.
(3)
The boundaries of that area which is to be subdivided
and the distance to the nearest existing street intersection.
(4)
All roads mapped or built, utilities available and
streams in and within 500 feet of the proposed subdivision.
(5)
All existing structures, wooded areas and, if any
significant grades exist, contour lines at intervals not larger than
20 feet, in and within 200 feet of the proposed subdivision.
(6)
Rock outcroppings and marshes or areas subject to
flooding within the proposed subdivision.
(7)
All existing restrictions on the use of the land,
including deed restrictions, easements and zoning lines.
(8)
The proposed pattern of streets and lots.
(9)
The number of lots proposed, proposed lot width and
depth, building type contemplated, general indication of utilities
to be provided and any proposed zoning changes, easements or deed
restrictions.
(10)
Areas to be used for parks, playgrounds or other common
use.
(11)
Other items suggested by the Planning Board at the
preapplication conference specified in § 4 above.
C.
Sketch plan discussion. The subdivider shall meet
with the Planning Board to discuss the sketch plan and proposals for
future development. Primary consideration shall be given to the appropriateness
of the proposed subdivision for the site involved, in accordance with
the intent of these regulations expressed in § 2 above.
The discussion shall give particular attention to future recreation
and circulation requirements of the Village. Attention shall be given
to zoning regulations[1] in terms of the suitability of the land for the proposed
development.
D.
Sketch plan study, modification and approval. The
Planning Board shall determine whether the sketch plan meets the purposes
of these regulations and shall specify any required or suggested modifications.
The Planning Board shall notify the subdivider within 10 days after
the regular Board meeting occurring at least 10 days following submission.
Explanation of problems and reasons for modifications shall be provided
where appropriate or requested by the subdivider. Required modifications
shall be incorporated in the preliminary layout unless the Board determines
that major modifications require a resubmission of the sketch plan
and additional review until an acceptable sketch plan is developed.
E.
Sketch plan approval expires 180 days after it is
granted unless the subdivider is engaged in the preliminary layout
process or has had the time to commence the preliminary layout process
extended by the Planning Board.
F.
Subdivision classification. The Planning Board shall determine whether the proposal is a major or minor subdivision, as defined in Article V below, and whether the purposes of these regulations require that a minor subdivision application comply with any or all of the requirements for a major subdivision. If classified as a major subdivision, the subdivider shall comply with the procedure specified in §§ 6, 7 and 8 prior to final approval of the subdivision plat.
G.
Minor subdivision approval. If classified as a minor subdivision with no further requirements as provided in Subsection E above, the subdivider shall submit the appropriate fee, payable to the Village of Liberty, within 60 days of classification and submit to the Board a plat prepared in accordance with § 7D and E below. Subsequent procedures indicated in this section are specified in full in § 7F, G and H below. A public hearing shall be held within 62 days of submission of a plat. The Board will notify the subdivider of its approval or disapproval of the minor subdivision within 62 days after the date of submission of the plat and after the public hearing. Upon approval of a minor subdivision, the plat shall be signed by the Chairman of the Board and shall be filed by the subdivider in the office of the County Clerk. Any minor subdivision plat not so further recorded within 62 days after the plat is approved, or considered approved by reason of the failure of the Board to act, shall become null and void in accordance with § 7-728 of the Village Law, as amended, supplemented and/or recodified from time to time.
[Amended 4-11-2006 by L.L. No. 9-2006]
H.
Lot improvements.
[Added 4-11-2006 by L.L. No. 9-2006]
(1)
Lot improvements, wherein a parcel of land is added
to an existing lot for the purpose of increasing the size of the existing
lot or a number of smaller lots are resubdivided or reallotted so
as to make a lesser number of larger lots, shall be exempt from the
provisions of these regulations, provided that:
(2)
Recording approval. After the Planning Board shall
have determined that the conditions for a lot improvement exemption
have been met, a duly authorized member of the Planning Board shall
sign the plat with the following notation:
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"Approval is granted for recording purposes
only in accordance with § 5H of the Village of Liberty Land
Subdivision Regulations.
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(3)
Plat requirements; fees. Plats submitted as lot improvements
shall meet the plat requirements for minor subdivisions and shall
be subject to the same schedule of fees as minor subdivisions.
A.
Application and fee. Prior to the consideration of a subdivision plat, a subdivider shall, within six months of sketch plan approval, apply for preliminary layout approval. The application shall be submitted to the Secretary of the Planning Board at least 10 days prior to a regular Board meeting and consists of the original and six copies of the preliminary layout map and data described below, as well as the appropriate fees as adopted by the Village Board of Trustees. If the subdivider elects not to file an application for subdivision plat final approval, 1/2 of the fee shall be returned. The preliminary layout shall comply in all respects with the required conditions established by the Board in the sketch plan as well as the general requirements, forms and specifications of Subsection B below.
B.
Required elements of preliminary layout map and data.
The preliminary layout map shall be drawn on tracing cloth at a scale
not more than 100 feet to the inch and not less than 50 feet to the
inch, on a sheet or sheets not exceeding 24 inches by 36 inches. It
shall include the following information:
(1)
A vicinity sketch indicating the proposed subdivision
in relation to the surrounding area, at a scale of 800 feet to the
inch, which shall accompany the preliminary layout sheet. It shall
show all streets within one mile of the proposed subdivision. All
property held by the owner of the proposed subdivision shall be identified.
(2)
A scaled map with North point, graphic scale and data,
showing a survey of the property to be subdivided, giving complete
bearings and distances, made and certified by a licensed engineer
or land surveyor. The corners of the property shall be staked in the
ground as referenced on the map.
(3)
The proposed subdivision name, "Village of Liberty"
and "Sullivan County," the names and addresses of the record owner,
the subdivider and engineer or surveyor, including license number
and seal.
(4)
The names of all subdivisions immediately adjacent
and the names of owners of record of all adjacent properties.
(6)
All parcels of land proposed to be dedicated to public
use, their approximate area and dimensions and the conditions of such
dedication.
(7)
The location of all existing property lines, easements,
buildings, railroad beds, water areas, beaches, watercourses, marshes,
areas subject to flooding, rock outcrops, wooded areas and any trees
with a diameter of eight inches to 12 inches and the size of each
tree over 12 inches [as measured three feet above the base of the
trunk] and other significant existing features for the proposed subdivision
and adjacent property.
(8)
The location of existing sewers, water mains, culverts
and drains on the property, with pipe sizes, grades and direction
of flow.
(9)
Contours with intervals of five feet or less as required
by the Board, including elevation on existing roads; an approximate
grading plan if natural contours are to be changed more than two feet.
(10)
The width and location of any streets, public ways
or places shown on the Official Map or the development plan, if such
exist, within the area to be subdivided, and the width, location,
grades and street profiles of all streets or public ways proposed
by the subdivider.
(11)
The approximate location and size of all proposed
waterlines, valves, hydrants and sewer lines; connections to existing
lines or alternate means of water supply or sewage disposal and treatment
as meet the requirements of the Public Health Law; the profiles of
all proposed water- and sewer lines.
(12)
Storm drainage plan indicating the approximate location
and size of proposed lines and their profiles; connections to existing
lines or alternate means of disposal.
(13)
Plans and cross sections showing the proposed location,
dimensions and type of street trees, sidewalks, streetlighting, curbs,
water mains, sanitary sewers and storm drains and the size and type
thereof, the character, width and depth of pavements and subbase and
the location of manholes, basins and underground conduits.
(14)
Preliminary designs of any bridges or culverts which
may be required.
(15)
All proposed lot lines, with approximate dimensions,
setback lines, easements and suggested location of buildings.
(16)
Where the topography is such as to make difficult
the inclusion of any of the required facilities within the public
area as laid out, the preliminary layout shall show the boundaries
of all proposed permanent easements over or under private property,
as required in § 23D below.
(17)
A copy of any covenants, easements or deed restrictions
as are intended to cover all or any part of the tract, as well as
any waiver requested from requirements or utilities specified in these
regulations.
(18)
If the application covers only a part of the subdivider's
entire adjacent holding, a map of the entire tract, drawn at a scale
of not less than 400 feet to the inch, showing an outline of the platted
area with its proposed streets and indication of the probable future
street system with its grades and drainage in the remaining portion
of the tract and the probable future drainage layout of the entire
tract. The part of the subdivider's entire holding submitted for preliminary
approval shall be considered in the light of the entire holdings.
(19)
Other items specified in the sketch plan review as
provided in § 5 above.
C.
Distribution of preliminary layout copies. The provision
of public facilities, services and utilities is the responsibility
of various agencies, special districts and utility officials.
(2)
The Board shall note on the original and one print
of any conditionally approved preliminary layout the following:
(a)
Conditional approval of the layout, listing
any conditions of such approval and specifying any requirements it
has waived pursuant to § 27 below.
(b)
Conditional approval of the layout, listing
any conditions of approval and the character and extent of any required
site improvements pursuant to § 28 below.
(c)
The amount of all bonds required to guarantee
completion of required improvements.
(3)
The Chairman, or Acting Chairman, and one member of
the Board shall date and sign the original and copy of the preliminary
layout. The copy shall be retained by the Board. The original shall
be returned to the subdivider, who shall deliver two prints of the
signed original to the Board. Conditional approval shall be valid
for six months, as provided in § 7B below.
(4)
Conditional approval of the preliminary layout shall
not constitute final approval of the subdivision. Rather it shall
be understood as an expression of approval of the design submitted
on the preliminary layout and as a guide to the preparation of the
subdivision plat. Prior to final approval of the plat, the Planning
Board may require additional changes as a result of further study
of the subdivision in its final form. Grading and street construction
must await final approval of the subdivision plat by the Board as
provided in § 7 below.
A.
Submission of plat. The original and two copies of the subdivision plat, all construction detail plans and one certified copy of all deeds to the property owner and proposed covenants and agreements to run with the land shall be delivered to the Code Enforcement Officer at least 15 days prior to the regular meeting of the Board at which the application will be considered. All submissions shall comply in all respects with the conditions of preliminary layout approval, as well as the general requirements, form and specifications of Article III below.
B.
Date of submission. The application shall be considered submitted at the meeting after which all documents and time requirements above are complied with. The subdivision plat shall be submitted within six months after preliminary layout approval unless either the subdivision is completed in stages as provided in Subsection C below or an extension of time and final approval are granted by the Board before the expiration of the six-month conditional-approval period. Such an extension may be granted only if the proposed subdivision meets all zoning requirements in effect on the date of extension. The subdivision must meet all zoning requirements in effect at the time the final plat approval is granted.[1]
C.
Subdivision by stages. The subdivider may submit all
or a portion of the proposed subdivision as approved in the preliminary
layout. In such cases, preliminary approval for the remaining portion
or portions of the preliminary layout is valid for two years from
the date of preliminary approval unless extended by the Board within
the two-year period. Such an extension may be granted only if the
proposed subdivision meets all zoning requirements in effect on the
date of extension. Each stage or section of a subdivision must be
consistent with the intent as well as all specifications and design
requirements provided in these regulations.
D.
Endorsements of state and County agencies. Street
water and sewer facilities proposed within the subdivision shall be
submitted to the Village Engineer for approval and endorsements by
all necessary state and County agencies. Such endorsements of the
subdivision plat shall be entered on the plat before submission to
the Planning Board.
E.
Required elements of the subdivision plat and data.
The following documents shall be submitted for plat final approval:
(1)
The plat, which shall be drawn in ink on tracing cloth.
The size of the sheets shall be 24 inches by 36 inches, including
a margin for binding of two inches outside of the border along the
left side of the twenty-four-inch side and a margin of one-inch outside
of the border along the remaining sides. The plat shall be drawn at
a scale of no more than 50 feet to the inch and oriented with north
towards the top of the map. When more than one sheet is required,
an additional index sheet of the same size shall be filed, showing
to scale the entire subdivision with lot and block numbers clearly
legible. The plat shall show:
(a)
The subdivision name and the name of the Village
and County in which the subdivision is located, the scale and North
point.
(b)
Certification of title showing ownership.
(c)
The name and address of the subdivider.
(d)
The name, license number and seal of the engineer
or land surveyor.
(e)
The names of owners of adjacent land.
(f)
Certification by a licensed surveyor or professional
engineer (registered in New York State) as to the accuracy of the
plat, giving the date of any survey and the date the drawing was completed.
On minor subdivision plats, such certification shall include adequacy
and conformity to State Health Department regulations for all sanitation
and water supply facilities.
(g)
Primary control points (wherever possible including
monuments included in the state system of plane coordinates on reference
points previously established by public authority) or descriptions
and ties to such control points, to which all dimensions, angles,
bearings and similar data on the plat shall be referred and from which
the location, bearing and length of every street line, lot line and
boundary line may be readily determined both on paper and on the ground.
The control points selected and the ties thereto shall be subject
to approval by the Village Engineer.
(h)
Markings:
[1]
The boundaries of the property, building or
setback lines and the lines of streets, lots, reservations, easements
and areas to be dedicated to public use, as well as large trees, groves
and other natural features to be preserved. Lots shall be numbered
in numerical order within each block. Blocks shall be lettered in
alphabetical order. Any variances granted by the Zoning Board of Appeals
shall be noted.
[2]
The lengths and bearings of all straight lines,
radii, lengths, central angles, chords and tangent distances and bearings
for all street curves measured to and along the center lines of such
streets. All lengths shall be in feet and hundredths of a foot, and
all angles shall be given to the nearest 10 seconds or closer if deemed
necessary by the Village Engineer.
(i)
The area of all lots in square feet, and the
dimensions and bearings of all lot lines. In the case of lots fronting
on curved streets, the central angle bounding the lot shall be shown.
(j)
The location of all permanent monuments and
markers.
(k)
Proposed street names and block, lot and section
numbers in sequence.
(l)
The designation and purpose of all areas to
be dedicated or reserved for public use and of any streets which are
not to be dedicated.
(m)
The location, width and purpose of all easements.
(n)
Endorsements by any state and County agencies,
as required by § 7D.
(2)
Deeds of cession of streets, rights-of-way, easements
and any sites for public use and copies of agreements, covenants or
other documents showing the manner in which areas to be reserved for
the common use of the residents of the subdivision are to be maintained,
all certified as to their legal sufficiency by the Village Attorney.
(3)
Construction detail plans, which shall show the following:
(a)
Typical cross sections and profiles of all proposed
streets, showing existing and proposed grades as approved by the Village
Engineer. The cross sections shall show pavements and, where required,
gutters, curbs and sidewalks.
(b)
Planting plans showing the types, sizes and
spacing of trees.
(c)
Profiles along the center lines of streets showing
existing and proposed elevations. Where a proposed new street intersects
an existing street, the elevation of such existing street shall be
shown for 100 feet from such intersection.
(d)
Plans and profiles showing the exact location,
size and invert elevations of existing and proposed water mains, sanitary
sewers and stormwater drains and sewage pumping stations; the profiles
of all utility lines at points of interference; and the location of
fire hydrants and all gas or other underground utilities or structures.
(e)
A grading plan showing present and proposed contours at two-foot intervals, referred to the same datum as Subsection E(3)(c) above. All elevations must be referred to established United States government or approval local bench marks. The Board may require, where steep slopes exist, that present elevations of proposed streets shall be shown at five points on a line at right angles to the center line of the streets every 100 feet throughout the length of such streets, and said elevation points shall be at the center line and a point 30 feet inside of each property line.
(f)
Detailed plans for bridges, culverts or similar
structures.
(g)
The location of all proposed buildings, if required
by the Board.
(h)
Construction plans which may be either drawn
in ink on linen or in pencil on good quality tracing paper. Designs
for waterlines, sewage pumping stations, streets, bridges and drainage
structures shall be prepared by a licensed professional engineer.
(i)
Certification by an engineer as to adequacy
and conformity to State Health Department regulations.
(4)
Record drawings. Record drawings may consist of a
set of construction detail plans properly endorsed by the subdivider's
engineer as required in § 12C. Where the detailed design
of improvements has been modified in accordance with § 11,
such changes shall be incorporated in the record drawings.
F.
Public hearing. The Planning Board shall hold a public
hearing on the proposed subdivision within 60 days after the date
of submission before its approval of the plat. Notice of the hearing
will be published in a newspaper of general local circulation and
mailed to all abutting property owners, owners directly across from
any streets adjoining the proposed subdivision and any others whom
the Board determines may be affected, at least five days prior to
the hearing.
G.
Action on proposed subdivision plat. Following the
public hearing and study of the plat and within 60 days after the
date of submission, the Planning Board shall act upon a resolution
to deny final approval or to authorize construction or bonding of
required improvements. The Planning Board shall notify the subdivider,
in writing, of its decision, stating any conditions or required modifications
or reasons for disapproval. Final approval of the subdivision plat
shall not be executed by signature on the plat until the subdivider
has complied with the provisions for improvements in § 9A
or B below and until all conditions specified in the resolution of
approval have been met.
H.
Signing and filing of plat.
(1)
The Planning Board Chairman shall not sign any final
plat until the subdivider has furnished proof that all Village taxes
and assessments then due are paid in full.
(2)
The original and one copy of the plat shall be signed
by the Chairman, or Acting Chairman, and the Secretary, or Acting
Secretary, of the Board under the following endorsement:
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"Approved by resolution of the Planning Board
of the Village of Liberty, New York, on the __________ day of __________
20____, subject to all requirements and conditions of said resolution.
Any change, erasure, modification or revision of this plat, as approved,
shall void this approval. Signed this _____ day of __________ 20 _____
by
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Chairman
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Secretary"
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(3)
Any change, erasure, modification or revision of an
approved plat shall void the plat. The Board will institute proceedings
to have any such voided plat stricken from the records of the County
Clerk.
(4)
The print shall be retained by the Board, and the
original shall be returned to the subdivider. The subdivider shall
then file the plat with the County Clerk within 30 days of approval,
or the approval shall become void unless the particular circumstances
warrant an extension by the Board within that ninety-day period.
(5)
The subdivider shall then enter the County file number
and date of filing on a tracing cloth print or Mylar of the plat,
which shall be delivered to the Board with three prints of the same
as the final plat, and one print at a scale of 100 feet to the inch.
The Board shall forward two prints to the Superintendent of Public
Works and the one-hundred-feet-to-the-inch print to the Village Assessor.
(6)
The Building Inspector may issue building permits
for lots within the approved plat upon notification that site improvements
have been completed to the satisfaction of the Code Enforcement Officer
or that a satisfactory performance bond has been filed with the Village
Clerk.
(7)
The Village Clerk may release the performance bond
upon notification from the Village Engineer that the required improvements
have been satisfactorily installed and that a satisfactory maintenance
bond has been approved by the Village Attorney and filed with the
Village Clerk as provided in § 9B below.
(8)
The subdivider shall complete all required improvements
to the satisfaction of the Village Engineer before any certificate
of occupancy shall be issued by the Building Inspector for any dwelling
constructed on the subdivision. Such improvements shall be completed
within 12 months of the date of plat approval, or such approval shall
become void unless extended by the Board.
For a resubdivision, the same procedure, rules
and regulations apply as for a subdivision.
