Whenever any subdivision of land is proposed to be made and before any contract for the sale of, or any offer to sell 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 subdividing owner or his authorized agent shall apply for approval of such proposed subdivision in accordance with the following procedure.
A. 
A subdividing owner shall apply to the Village Planning Board, upon forms provided at the office of the Village Clerk, for the consideration of the preliminary layout for a proposed subdivision. Such application, together with three copies of the preliminary layout, shall be filed with the Village Clerk, at least one week before a regular meeting of the Planning Board, for transmittal to the Planning Board; and the application shall be accompanied by a fee as set forth in Chapter 175, Fees. If the subdivider subsequently elects not to file an application for approval of a subdivision plat, 1/2 of the fee shall be returned.
[Amended 4-5-1982 by L.L. No. 24, 1982; 11-3-1997 by L.L. No. 17-1997]
B. 
The preliminary layout, as well as the final subdivision plat to be submitted later, shall conform in all respects to these regulations, except where a variation may be specifically authorized by the Planning Board as provided in Article III of these regulations, and shall comply with the provisions of §§ 179-k, 179-l and 179-m of the Village Law. The form of presentation of the preliminary layout shall be as described below in Article IV, Specifications for Preliminary Layouts and Subdivision Plats.
C. 
Before preparing the preliminary layout, the subdivider should discuss with the Village Engineer the requirements for street improvements, drainage, sewerage, water, fire protection and similar aspects, as well as the availability of existing services. The subdivider should also discuss the preliminary layout with the County Health Department, which must eventually approve any subdivision plat.
D. 
The applicant or his duly authorized representative should then be prepared to attend the next regular meeting of the Planning Board to discuss the preliminary layout.
E. 
The Planning Board will carefully study the practicability of the layout, 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, drainage, lot sizes, and arrangement, the future development of adjoining lands as yet unsubdivided, and the requirements of the Village Plan and the Official Map.
F. 
After discussion of the preliminary layout, the Planning Board will advise the subdivider of the specific changes it will require in the layout, and the character and extent of required improvements, or the amount of performance bond therefor, which it will require as a prerequisite to the approval of the formal subdivision plat to be submitted subsequently.
A. 
The applicant shall, within six months after the tentative approval of the preliminary layout, file with the Planning Board an application for approval of all or part of the proposed subdivision, using the approved application blank available from the Village Clerk. (In other words, the subdivider may develop the subdivision in progressive stages instead of in its entirety, but no subdivision or portion thereof shall be considered unless it abuts a street or streets open for vehicular travel or an approved street for which a bond has been filed under Paragraph 5A below.)
B. 
The subdivision plat shall be considered officially submitted only when all the required surveys, plans and data, described below under Article IV, Specifications for Preliminary Layouts and Subdivision Plats, are provided with the application at a regular meeting of the Planning Board.
C. 
Applicants intending to submit proposed subdivision plats for the approval of the Planning Board shall provide the Secretary of the Board with a copy of the application and required surveys, plans and data, one original and at least one duplicate tracing thereof at least two weeks in advance of the meeting at which it is to be submitted, and a letter of approval from the County Health Department, in order that a public hearing may be scheduled and the required five days' notice may be given.
D. 
Before the Planning Board will approve the subdivision plat, it will hold a public hearing thereon, in accordance with Section 179-K of the Village Law.
E. 
After careful study the Planning Board will then, within 45 days from the official date of submission of the subdivision plat, approve, approve with modifications or disapprove the subdivision plat. Such approval, however, shall not be deemed final and the subdivision plat shall not be signed by the authorized officer of the Board for recording until the subdivider has complied with the provisions of the following paragraphs under § A402-5.
F. 
The authorized officers of the Board for the purpose of signing approved subdivision plats shall be the Chairman and Secretary, or in their absence, the Vice-Chairman and Acting Secretary respectively.
A. 
The subdivider shall then be required to complete in accordance with the Planning Board's decision and to the satisfaction of the Village Engineer, all the street, sanitary and other improvements specified in the Planning Board's action approving the subdivision plat, or as an alternative, to file with the Village Board of Trustees a bond in an amount estimated by the Planning Board to secure to the village the actual and satisfactory construction and installation of such required improvements as are not constructed and approved prior to the signing of the subdivision plat. The period within which required improvements shall be constructed shall be specified by the Planning Board and expressed in the bond. Such performance bond shall comply with the requirements of Section 179-L of the Village Law and shall be approved by the Corporation Counsel as to form, sufficiency and manner of execution. The bond shall provide that an amount determined by the Planning Board to be adequate shall be retained for a period of one year from the date of completion of the required improvements to insure the satisfactory condition of the initial improvements. The estimated cost of village inspections of required improvements shall be included in the amount of such bond.
B. 
As to utilities required by the Planning Board, the Board may accept assurance in writing from each public utility company whose facilities are proposed to be installed, addressed to the Board and stating that such public utility company will make the installations necessary for the furnishing of its services within the time therein specified and satisfactory to the Board.
C. 
The subdivision plat shall be endorsed with the necessary agreements in connection with required easements or other releases.
D. 
Permanent monuments shall be set in all locations where required by the Planning Board.
E. 
The village will arrange for inspection to insure the satisfactory completion of improvements required by the Planning Board, and the developer shall pay the village for the cost of such inspection. The applicant shall notify the Village Engineer, in writing, whether he elects to install such improvements or to post a performance bond before the final approval of the plat by the Planning Board. The applicant shall pay for such inspection an amount determined by the Village Engineer as sufficient to cover the cost of such inspection, unless a performance bond is to be posted, in which case the amount of such bond shall be increased in an amount determined by the Village Engineer as sufficient to cover the cost of such inspection.
Upon completion of the above requirements and notation to that effect upon the plat, it shall be deemed to have final approval and the applicant shall file it in the office of the County Clerk. Any plat not so filed or recorded within 90 days of the date upon which such plat is approved or is taken as approved by reason of the failure of the Board to act, shall become null and void. (Section 179-K of the Village Law)
In the case of a resubdivision, the same procedure, rules and regulations apply as for an original subdivision.
The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or be evidence of an acceptance by the village of any street, or other open space shown on such subdivision plat.