When 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 building permit shall be granted, the procedure outlined
will be observed:
A.
Previous to the filing of an application for approval of a preliminary plan, the subdivider shall submit to the Planning Board a sketch plan and data as specified in Article VII. This step does not require formal application fee, or filing of plan with the Planning Board.
B.
Within 30 days the Planning Board shall inform the subdivider
that the sketch plan and data as submitted, or as modified, do or do not meet
the objectives of these regulations and it shall express its reasons therefor.
C.
When the subdivider has been notified that the sketch
plan has met the objectives, he should then consult the Oswego County Health
Department and/or the New York State Department of Environmental Conservation,
if his proposed subdivision is five or more lots.
D.
If the subdivision is to utilize a form of subsurface
leaching, the subdivider's engineer should prepare a preliminary plan, only
after an inspection and percolation tests have been made of the property.
E.
If the installation of a sewer system is involved, the
subdivider should consult with the Oswego County Health Department and/or
the New York State Department of Environmental Conservation.
B.
Two copies of the preliminary plan and supplementary
material specified shall be submitted to the Planning Board with two copies
of the application for conditional approval at least 14 days prior to the
meeting at which it is to be considered.
D.
The action of the Planning Board shall be noted on the
two copies of the preliminary plan, referenced and attached to any conditions
determined. One copy shall be returned to the subdivider and the other retained
by the Planning Board.
E.
For any subdivision or portion of subdivision, the Planning
Board will state in writing the character and extent of required public improvements
for which waivers may have been requested by the subdivider, and which in
the opinion of the Planning Board may be waived without jeopardy to public
health, safety, and general welfare, or which are inappropriate because of
inadequacy or lack of connecting facilities adjacent to or in proximity to
the proposed subdivision.
F.
Approval of preliminary plan shall not constitute approval
of the final plan. Rather, it shall be deemed an expression of approval to
the layout submitted on the preliminary plan, as a guide to the preparation
of the final plan which will be submitted for approval of the Planning Board
and for recording upon fulfillment of the requirements of these regulations
and the conditions of the approval, if any.
G.
Approval of the preliminary plan may not be revoked by
the Planning Board unless a substantial change in the character of the area
or the availability of new information about the site and its surroundings
indicate the unsuitability of the development, as shown on the preliminary
plan. Before such revocation the subdivider shall be informed, in writing,
of the reasons therefor, and shall be given an opportunity to be heard before
the Planning Board.
H.
Approval of a preliminary plan shall expire after six
months from the date of approval. Extensions may be granted by the Planning
Board upon application. Such applications for extensions shall be granted
unless changed conditions or new information indicate the unsuitability of
the development as shown on the preliminary plan.
A.
The final plan shall conform substantially to the preliminary
plan as approved, and, if desired by the subdivider, it may constitute only
that portion of the approved preliminary plan which he proposes to record
and develop at the time; provided, however, that such portion conforms to
all requirements of these regulations.
B.
Four cloth-backed copies of the final plan, and all required supplementary material as specified in Article VII, together with two copies of the application for final approval shall be submitted. This application, copies of the final plan, and supplementary material shall be received within six months of approval of the preliminary plan, unless an extension of time is applied for and granted by the Planning Board.[1]
C.
At the time of filing the final plan, the subdivider
shall also submit the following:
(1)
A certificate as to adequacy of the proposed water supply
and sewerage system by the New York State Department of Health and the New
York State Department of Environmental Conservation where applicable.
(2)
A certificate by a licensed professional engineer that
any required improvements constructed by the subdivider have been designed
and inspected and meet the minimum standards in these regulations, or as otherwise
required by law.
(3)
A performance bond, approved by the Planning Board and
Village Board as to form, sufficiency, manner of execution and surety, for
the completion of such required improvements as have not been constructed.
(4)
Offers of cession, in a form certified as satisfactory
by the Village Attorney, of all land to be dedicated for streets, highways,
easements, parks, or other public facilities.
(5)
A certified check, in the amount of 1% of the cost of
the required improvements, as determined by the Village Engineer to meet the
costs of inspection of required improvements, unless the improvements are
to be provided by special district.
(6)
Drawings, certified by a licensed land surveyor, or engineer
showing the location of such required improvements as may have been constructed
prior to final plan submission.
E.
If the final plan is approved, the Planning Board shall
make an appropriate notation to that effect on the face of the original drawings
or on the cloth prints. Three copies will be retained by the Planning Board.
F.
Approval of the final plan shall expire within 62 days
from the date of such approval unless within such sixty-two-day period such
plat shall have been duly recorded by the owner in the office of the County
Clerk. If the final subdivision is not filed within this period, the approval
shall expire as provided in § 7-728 of the Village Law.[3]
G.
In the event of disapproval, the grounds for such action
shall be stated in the records of the Planning Board, and a copy of such decision
shall be sent to the subdivider upon request.
H.
Drawings showing the location of all required improvements
as-built shall be certified by a licensed professional engineer or a licensed
land surveyor and filed with the Planning Board within 30 days prior to the
acceptance of the improvements by the Village. Until as-built plans are filed,
no performance bond guaranteeing the completion of such improvements shall
be released.
I.
Performance bonds may be changed only under provisions
of § 7-730 of the Village Law.
