Whenever any subdivision or resubdivision of land is proposed and before
any contract for the sale of or any offer to sell any lots in 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 subdivider or a duly authorized
agent shall apply, in writing, for approval of such proposed subdivision in
accordance with the following procedures.
Prior to the application for approval of a subdivision plat, for either
a major or minor subdivision, the subdivider is encouraged to have a sketch
plan conference with the Code Enforcement Officer. The purpose of the sketch
plan conference shall be to present to the Code Enforcement Officer, for initial
review, discussion and comment, a design concept or plan for the development
of a parcel or parcels within Livonia. During the conference, the applicant
and the Code Enforcement Officer shall review and discuss the basic subdivision
design concept and generally determine the information to be required and
provided on the sketch subdivision plat.
A.
Prior to submitting an application for approval of a
subdivision plat, for either a major or a minor subdivision, the subdivider
shall submit a sketch plan for informal review by the Joint Planning Board.
The sketch plan shall contain the following information:
(1)
The general location of the site with respect to existing
and proposed streets and rights-of-way, permanent open space, as well as buildings
and other facilities.
(2)
Specific identification of all properties, subdivisions,
streets and easements within 200 feet of the parcel.
(3)
General identification of all existing utilities in the
area.
(4)
Identification of internal streets or traffic circulation
pattern, if any, of the proposed development, including pedestrianways.
(5)
The location of all existing and proposed structures
on the site, and designated uses for each.
(6)
Identification of existing zoning classification(s) of
the property and all adjacent properties, and any restrictions on land use
of the site.
(7)
Identification of existing natural features on the site or within 200 feet of the site or at the discretion of the Building and Zoning Department, including but not limited to those features subject to land conservation standards of § 150-68 of Chapter 150, Zoning, or subject to other state or federal regulations which may restrict development.
(8)
A map of site topography at no more than two-foot contour
intervals or at the discretion of the Building and Zoning Department. If general
site grades exceed 5% or portions of the site are susceptible to erosion,
flooding or ponding, a soils overlay and topographic map showing contour intervals
of not more than one foot of elevation shall be provided.
B.
The Joint Planning Board shall determine whether the
sketch plan meets the purposes of this chapter. The Joint Planning Board shall
also determine whether the proposed subdivision is a minor subdivision or
a major subdivision for the purposes of this chapter. The Joint Planning Board
shall inform the subdivider of the necessary action to take in meeting the
requirements of this chapter.
A.
Application.
(1)
Prior to subdividing or resubdividing land in Livonia,
the subdivider shall submit an application for approval of a subdivision plat
to the Building and Zoning Department.
(2)
The Code Enforcement Officer shall determine, if the
Joint Planning Board has not previously done so, whether the proposed subdivision
is a major or minor subdivision for the purposes of this chapter. If the determination
requires interpretation, the Code Enforcement Officer shall request the Joint
Planning Board to make the determination at its next regular meeting.
(3)
If the proposed subdivision is determined to be a minor subdivision, the subdivider shall submit a final plat for a minor subdivision in conformance with the requirements listed in § 125-7 of this article, and §§ 276 and 277 of the New York State Town Law, or §§ 7-728 and 7-730 of the Village Law.
(4)
If the proposed subdivision is determined to be a major subdivision, the subdivider shall, prior to a filing a final plat for a major subdivision, submit a preliminary plat for a major subdivision, in conformance with the requirements listed in § 125-8 of this article, and §§ 276 and 277 of the New York State Town Law, or §§ 7-728 and 7-730 of the Village Law.
B.
Number of copies. The subdivider shall submit a minimum
of five copies of the plat unless otherwise specified by the Joint Planning
Board or Code Enforcement Officer.
C.
Subdivider to attend Joint Planning Board meeting. The
subdivider or a duly authorized representative shall attend the meeting of
the Joint Planning Board to discuss the subdivision plat.
D.
Study of proposed subdivision. The Board shall study the practicability of the proposed subdivision, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to water supply, sewage disposal, drainage, natural resources, lot sizes and arrangements, the future development of the adjoining lands as yet unsubdivided and the requirements of the Comprehensive Plan, the Official Map and Chapter 150, Zoning. Where applicable, the Joint Planning Board shall also consider the arrangement, location and width of streets and driveways or access road as well as other circulation elements with regard to their relation to the topography of the land, safety and efficiency, and the adequacy of municipal facilities proposed to serve the subdivision. Joint Planning Board review of subdivision plats shall also comply with SEQRA.
E.
Public hearing. A public hearing shall be held by the
Joint Planning Board within 62 days from the submission of a complete subdivision
plat for approval or within 62 days after the filing of the notice of completion
of a draft environmental impact statement, if required. Said hearing shall
be advertised at least once in a newspaper of general circulation at least
five days before such hearing or 14 days prior if a joint hearing under the
SEQRA. Further, the Joint Planning Board is authorized, upon written application,
to waive the public hearing for any of the following conditions:
(1)
Subdivision of land into lots of 10 or more acres which
have been and will continue to be used for agriculture and on which no residential
dwellings shall be built.
(2)
Minor subdivisions which do not require public improvements.
(3)
Slight changes in lot lines for a filed subdivision.
Such lot-line changes must not alter substantially the lot dimensions or overall
subdivision design nor significantly affect drainage, water supply, natural
resources or traffic circulation.
A.
Applications for plat approval for minor subdivisions
shall be accompanied by a fee established by resolution of the governing board.
B.
All applications for final minor subdivision plat approval
shall be made in writing in accordance with the administrative checklist available
from the Building and Zoning Department. Final plats for minor subdivision
must be prepared by a licensed surveyor, other maps and drawings submitted
as part of a final minor subdivision plat approval may be required to be prepared
by a licensed engineer, architect, landscape architect or surveyor, and certified
by the seal and signature of such engineer, architect or surveyor.
C.
The subdivider shall submit five copies of the minor
subdivision plat, prepared at a scale of not more than 100 feet but not less
than 50 feet to the inch, showing:
(1)
A location map, showing that portion which is to be subdivided
in relation to the entire tract and the distance to the nearest existing street
intersection. The location map may be drawn to a smaller scale than the subdivision
plat itself.
(2)
The name and address of the owner(s) of the land to be
subdivided and the subdivider and the names of all adjoining property owners
as disclosed by the most recent municipal tax records.
(3)
The Tax Map sheet, block and lot numbers.
(4)
Within 500 feet of the property, all the utilities available
and all streets which are either proposed, mapped or built.
(5)
The proposed pattern of lots, including lot width, depth
and area, within the subdivided area.
(6)
All existing restrictions on the use of land, including
easements and covenants.
(7)
The location of any wells and septic systems within 100
feet of any property boundary.
(8)
Boundaries and designation of any flood hazard zones
located on the property.
(9)
The zoning district, including exact boundary lines of the district, if more than one district, and any proposed changes in the zoning district lines and/or the text of Chapter 150, Zoning, applicable to the area to be subdivided.
(10)
The location of existing property lines, easements, structures and natural features within 200 feet of the proposed subdivision or at the discretion of the Building and Zoning Department. Natural features shall include, but are not limited to, natural forests, steep slopes, floodplains, scenic views, stream corridors and wetlands, subject to the land conservation standards of § 150-68 of Chapter 150, Zoning, or other state or federal regulations which may restrict development.
(11)
An actual field survey of the boundary lines of the tract,
giving complete descriptive data by bearings and distances, made and certified
by a licensed land surveyor.
(12)
All on-site sanitation and water supply facilities shall
be designed to meet the minimum specifications of the State Department of
Health, and a note to this effect shall be stated on the plat.
(13)
The proposed subdivision name and the names of the municipality
and county in which it is located.
(14)
The date, North point, map scale, name and address of
the record owner and subdivider.
(15)
The plat to be filed with the County Clerk shall be printed
and produced in accordance with the standards established by the County Clerk.
D.
The following documents shall also be submitted:
(1)
All forms and information necessary for compliance with
New York State Quality Review Act (SEQR).
(2)
An agricultural data statement if the proposed subdivision
is in or within 500 feet of a farm operation in a county agricultural district.
(3)
Results of soil percolation and groundwater availability
tests if deemed necessary by the Joint Planning Board.
E.
Action on final plat for minor subdivision. The Joint
Planning Board shall, within 62 days from the date of the public hearing,
conditionally approve, disapprove or grant final approval and authorize the
signing of such plat. The grounds for refusal shall be stated in the records
of the Joint Planning Board. Such plat shall not be approved unless previously
signed by all other applicable municipal and/or utility officials.
A.
Applications for plat approval for major subdivisions
shall be accompanied by a fee established by resolution of the governing board.
B.
All applications for preliminary major subdivision plat
approval shall be made in writing in accordance with the administrative checklist
available from the Building and Zoning Department. Preliminary plats for a
major subdivision must be prepared by a licensed land surveyor, other maps
and drawings submitted as part of a preliminary major subdivision plat approval
shall be prepared by a licensed engineer, architect, landscape architect or
surveyor and certified by the seal and signature of such engineer, architect
or surveyor.
C.
The applicant shall submit five copies of the major subdivision
plat, prepared at a scale of not more than 100 feet but not less than 50 feet
to the inch, showing:
(1)
A location map, showing that portion which is to be subdivided
in relation to the entire tract and the distance to the nearest existing street
intersection. The location map may be drawn to a smaller scale than the subdivision
plat itself.
(2)
The name and address of the owner of the land to be subdivided
and the subdivider and the names of all adjoining property owners as disclosed
by the most recent municipal tax records.
(3)
The Tax Map sheet, block and lot numbers.
(4)
Within 500 feet of the property, all the utilities available
and all streets which are either proposed, mapped or built.
(5)
The proposed pattern of lots, including lot width, depth
and area, within the subdivided area.
(6)
All existing restrictions on the use of land, including
easements and covenants.
(7)
The location of any wells and septic systems within 100
feet of any property boundary.
(8)
Boundaries and designation of any flood hazard zones
located on the property.
(9)
The zoning district, including exact boundary lines of the district, if more than one district, and any proposed changes in the zoning district lines and/or the text of Chapter 150, Zoning, applicable to the area to be subdivided.
(10)
The location of existing property lines, easements, structures and natural features within 200 feet of the proposed subdivision or at the discretion of the Building and Zoning Department. Natural features shall include but are not limited to natural forests, steep slopes, floodplains, scenic views, stream corridors and wetlands subject to the land conservation standards in § 150-68 of Chapter 150, Zoning, or other state or federal regulations which may restrict development.
(11)
An actual field survey of the boundary lines of the tract,
giving complete descriptive data by bearings and distances, made and certified
by a licensed land surveyor. The corners of the tract shall also be located
on the ground and marked by monuments as approved by the Municipal Engineer
and shall be referenced and shown on the plat.
(12)
All on-site sanitation and water supply facilities shall
be designed to meet the minimum specifications of the State Department of
Health and all other applicable public utilities, and a note to this effect
shall be stated on the plat.
(13)
The proposed subdivision name and the names of the municipality
and county in which it is located.
(14)
The date, North point, map scale, name and address of
the record owner and subdivider.
(15)
The plat to be filed with the County Clerk shall be printed
and produced in accordance with the standards established by the County Clerk.
(16)
All parcels of land proposed to be dedicated to public
use and the conditions of such dedication, including maintenance easements.
(17)
The location of existing sewers, water mains, culverts
and drains on the property, with pipe sizes, grades and direction of flow.
(18)
Contours with intervals of two feet or less as required
by the Board, including elevations on existing roads and the approximate grading
plan if natural contours are to be changed more than two feet.
(19)
Location of proposed permanent open space.
D.
Applications involving improvements intended for public
dedication shall include plan and detail sheets for the required improvements.
The form and design of such features shall be in accordance with design criteria
and construction specifications of the relevant municipality and other public
utility agencies.
(1)
The width and location of any streets or public ways
or places shown on the Official Map or the Comprehensive Plan, within the
area to be subdivided, and the width, location, grades and street profiles
of all streets or public ways proposed by the subdivider.
(2)
The approximate location and size of all proposed waterlines,
valves, hydrants and sewer lines; connection to existing lines or alternate
means of water supply or sewage disposal and treatment as provided in the
New York State Public Health Law; and profiles of all proposed water- and
sewer lines.
(3)
A storm drainage plan indicating the methodology used,
the quantity of stormwater projected, the approximate location and size of
proposed lines, and their profiles and connection to existing lines or alternate
means of disposal.
(4)
Plans and cross sections showing the proposed location
and type of sidewalks, streetlighting standards, street trees, 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.
(5)
Preliminary designs of any bridges or culverts which
may be required.
(6)
Where the topography is such as to make difficult the
inclusion of any of the required facilities within the public areas as laid
out, the preliminary plat shall show the boundaries of proposed permanent
easements over or under private property, which permanent easements shall
not be less than 20 feet in width and shall provide satisfactory access to
an existing public highway or public open space shown on the subdivision plat
or the Official Map.
E.
The following documents shall be submitted for approval:
(1)
All forms and information necessary for compliance with
New York State Quality Review Act (SEQR).
(2)
An agricultural data statement if the proposed subdivision
is in or within 500 feet of a farm operation in a county agricultural district.
(3)
Records of soil percolation tests and groundwater availability,
demonstrating that any proposed on-site water supply and sewage disposal systems
are feasible for the lot sizes and density of the proposed subdivision.
(4)
If the application covers only part of the subdivider's
entire 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, shall be considered in
light of the entire holdings.
(5)
A copy of such covenants or deed restrictions as are
intended to cover all or part of the tract shall be provided.
F.
Action on preliminary plat for major subdivision. Within
62 days after the date of the public hearing, the Joint Planning Board shall
approve, with or without modifications, or disapprove such preliminary plat.
The grounds of a modification, if any, as it deems necessary for submission
of the plat in final form. A copy of the resolution, including any conditions
or modifications necessary for final plat approval shall also be mailed to
the subdivider or duly authorized agent.
A.
The Joint Planning Board may require a cluster development for residential uses in NR, ARC-3, ARC-5 and TD Districts in accordance with site plan review and subdivision approval procedures, the requirements specified in Article XIII of Chapter 150, Zoning, § 278 of New York State Town Law or § 7-738 of New York State Village Law, and the following procedures.
B.
Voluntary application. An owner of property within the NR, ARC-3, ARC-5 and TD Residential or Transitional Zoning Districts may make application under this section at the sketch plan application, provided that the site meets the minimum requirements as established by Chapter 150, Zoning.
C.
Required application. The Joint Planning Board may require
that a land parcel meeting the minimum requirements be developed in a cluster
design.
D.
Procedures.
(1)
The applicant under this section shall present two preliminary plats or two sketch plans at the time of application, under § 125-5 or § 125-8. One shall be a layout of a conventional subdivision in strict compliance with the rules and regulations contained within this chapter and applicable zoning regulations. The other shall be a layout outlining development of the parcel in the form of a cluster development.
(2)
Upon submission of a voluntary application under this
section, the applicant shall present all information required, including a
written statement describing the natural feature(s) to be preserved or enhanced
by the cluster approach. The statement should also compare the impacts upon
Livonia from a conventional subdivision layout to the impacts of the cluster
development for which application is being sought.
E.
Density. The overall density of a cluster development
shall not exceed the density per acre of the underlying zoning district. The
allowable cluster density shall be reviewed by the Joint Planning Board prior
to action on the preliminary plat for compliance with these regulations and
any other relevant legislation.
F.
Permitted uses. Permitted uses in a cluster development
shall be the same as those allowed by the prevailing zoning district where
the development is located.
G.
Action by the Joint Planning Board.
(1)
At its discretion, the Joint Planning Board may refer
an application for review and comment by the Municipal Engineer or other agency
officials prior to taking action.
(2)
The Joint Planning Board shall approve a voluntary application
for cluster development or mandate cluster development under a required application
if the proposed development complies with the standards of this and other
relevant laws.
H.
Reservation of open lands. Open space created by the
use of cluster development shall be clearly labeled on the final plat as to
its shape, use, ownership, management, method of preservation and the rights
to such land, if any, of the property owners of the subdivision and the general
public. The plat should clearly identify that the open space is permanently
reserved for open space purposes and shall not be platted for building lots.
It shall indicate the book and page number of any conservation easements or
deed restrictions required to be filed to implement such reservation of open
space.
A.
Application and fee.
(1)
Within six months of the approval of the preliminary
plat, the subdivider shall file with the Joint Planning Board an application
for approval of the subdivision plat in final form.
(2)
All applications shall be accompanied by a fee established
by resolution of the governing board.
(3)
If the final plat is not submitted within six months
of the approval of the preliminary plat, the Board may revoke the approval
of the preliminary plat.
B.
Number of copies. The subdivider shall submit to the
Building and Zoning Department a copy of the application and three copies
of the plat, plus the original and one true copy of all offers of cession,
covenants and agreements and two prints of all construction drawings. These
documents shall be submitted at least 10 days prior to the regularly scheduled
meeting of the Joint Planning Board.
C.
Endorsement of state and county agencies. Applications
for approval of plans for sewer and water facilities will be filed by the
subdivider with all necessary village, town, county and state agencies. Endorsement
and approval by the Livingston County Department of Health shall be secured
by the subdivider before official submission of the final subdivision plat.
D.
The following documents shall be submitted for approval:
The plat to be filed with the County Clerk shall be printed and produced in
accordance with the standards established by the County Clerk. The plat shall
be drawn at the same scale required for the preliminary plat and oriented
with the North point at the top of the map. When more than one sheet of the
same size shall be filed, an index sheet of the same size shall be filed,
showing to scale the entire subdivision with lot and block numbers clearly
legible. The plat will show:
(1)
The proposed subdivision name or identifying title and
the name of the municipality and county in which the subdivision is located,
the name and address of the record owner and subdivider and the name, license
number and seal of the licensed land surveyor.
(2)
Street lines, pedestrianways, lots, reservations, easements
and areas to be dedicated to public use.
(3)
Sufficient data acceptable to the Municipal Engineer
to determine readily the location, bearing and length of every street line,
lot line and boundary line and to reproduce such lines upon the ground. Where
applicable, these should be referenced to monuments included in the state
system of plane coordinates and, in any event, should be tied to reference
points previously established by a public authority.
(4)
The length and bearing of all straight lines, radii,
length of curves and central angles of all curves and tangent bearings shall
be given for each street. All dimensions and angles of the lines of each lot
shall also be given. All dimensions shall be shown in feet and decimals of
a foot. The plat shall show the boundaries of the property, location, graphic
scale and true North point.
(5)
The plat shall also clearly label those public open spaces
which are to be dedicated to the municipality and those spaces title to which
is reserved by the developer. For any of the latter, there shall be submitted
with the subdivision plat copies of agreements or other documents showing
the manner in which such areas are to be maintained and the provisions for
such maintenance.
(6)
All offers of cessation and covenants governing the maintenance
of unceded open space shall bear the certificate of approval of the Municipal
Attorney as to their legal sufficiency.
(7)
Lots and blocks within a subdivision shall be numbered
and lettered in alphabetical order in accordance with the prevailing municipal
practice.
(8)
Permanent reference monuments shall be shown and shall
be constructed in accordance with specifications of the Municipal Engineer.
When referenced to the state system of plane coordinates, they shall also
conform to the requirements of the State Department of Public Works. They
shall be placed as required by the Municipal Engineer and their location noted
and referenced upon the plat.
(9)
All lot corner markers shall be permanently located satisfactorily
to the Municipal Engineer and shall be at least 5/8 inch (if metal) in
diameter and at least 24 inches in length and located in the ground at existing
grade.
(10)
Monuments of a type approved by the Municipal Engineer
shall be set at all corners and angle points of the boundaries of the original
tract to be subdivided and at all street intersections, angle points in street
lines, points of curves and such intermediate points as shall be required
by the Municipal Engineer.
(11)
Street names must be indicated on the plat and shall
have been approved by the Livingston County 911 Coordinator to ensure that
they do not duplicate nor resemble phonetically existing street names within
the emergency service area.
E.
Construction drawings, including plans, profiles and
typical cross sections, as required, showing the proposed location, size and
type of streets, sidewalks, streetlighting standards, street trees, curbs,
water mains, sanitary sewers and storm drains, facilities, shall be submitted
as part of the plat.
F.
Public hearing. If a final plat, as submitted, is not
in substantial agreement with the approved preliminary plat, the plat shall
be subject to a public hearing as required by Town Law § 276 or
Village Law § 7-728.
G.
Action on proposed subdivision plat. The Joint Planning Board shall, by resolution, grant final approval, conditionally approve with or without modifications, or disapprove the subdivision plat. The action shall be taken within 62 days of its receipt by the Clerk of the Joint Planning Board if no hearing is required to be held or, in the event a hearing is held, within 62 days after the date of such hearing or within such other time specified by state, town or village law. If the plat is conditionally approved, the Secretary of the Joint Planning Board shall, within five days of such action, mail a certified statement of such requirements which, when completed, will authorize the signing of the final plat. Signing of the final plat for recording also requires the completion of required improvements or posting of an irrevocable letter of credit as outlined in § 125-11 which follows.
A.
Improvements and letter of credit. Before the Joint Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1) or (2) below.
(1)
Letter of credit. A letter of credit shall be submitted
for construction and improvements, as specified in the Livonia Design Criteria
and Construction Specifications for Land Development and shall be approved
as to form by the Municipal Attorney and as to amount by the Municipal Engineer.
The member of the Joint Planning Board designated to sign plats shall not
sign a plat until a letter of credit, if required, has been received by the
Building and Zoning Department and approved by the governing board.
(2)
Installation of required improvements. The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Municipal Engineer and a map satisfactory to the Joint Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements prior to final subdivision approval, then said map shall be submitted prior to endorsement of the plat by the appropriate Joint Planning Board officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection A(1), such bond shall not be released until such map is submitted.
B.
Modification of design improvements. If, at any time
before or during the construction of the required improvements, it is demonstrated
to the satisfaction of the Municipal Engineer that unforeseen conditions make
it necessary or preferable to modify the location or design of such required
improvements, the subdivider shall submit the proposed modifications in a
form acceptable to the Municipal Engineer. The Municipal Engineer may approve,
upon agreement by the previously delegated member of the Joint Planning Board,
that the proposed modifications are within the spirit and intent of the Joint
Planning Board's approval and do not extend to the waiver or substantial alteration
of the function of any improvements required by the Board. The Municipal Engineer
shall issue any authorization under this section in writing and shall transmit
a copy of such authorization to the Joint Planning Board at its next regularly
scheduled meeting.
C.
Inspection of improvements. At least five days prior
to commencing construction of required improvements, the subdivider shall
notify the Building and Zoning Department, in writing, of the proposed construction
schedule. It is the applicant's responsibility to schedule and coordinate
required inspections and to assure that all specifications and requirements
are met and to assure the satisfactory completion of improvements and utilities
required by the Joint Planning Board.
D.
Proper installation of improvements. If the Municipal
Engineer or Code Enforcement Officer shall find, upon inspection of the improvements
performed before the expiration date of the letter of credit, that any of
the required improvements have not been constructed in accordance with plans
and specifications filed by the subdivider, he/she shall so report to the
governing board, Code Enforcement Officer and Joint Planning Board. The governing
board shall then notify the subdivider and, if necessary, take all necessary
steps to preserve the municipality's right under the letter of credit. No
plat shall be approved by the Joint Planning Board as long as the subdivider
is in default on a previously approved plat.
A.
Final approval and filing. Upon completion of the requirements in §§ 125-10 and 125-11 above and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Joint Planning Board (Chairperson or Acting Chairperson) and shall be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed or recorded within 62 days of the date upon which such plat is approved shall become null and void.
B.
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made in any subdivision plat after approval
has been given by the Joint Planning Board and endorsed in writing on the
plat, unless said plat is first resubmitted to the Joint Planning Board and
such Board approves any modifications. In the event that any such subdivision
plat is recorded without complying with this requirement, the same shall be
considered null and void, and the Board shall institute proceedings to have
the plat stricken from the records of the County Clerk.
A.
Public acceptance of streets. The approval by the Joint
Planning Board of a subdivision plat shall not be deemed to constitute or
be evidence of any acceptance by Livonia of any street, easement or other
open space shown on such subdivision plat.
B.
Ownership and maintenance of recreation areas. When a
park, playground or other recreation area shall have been shown on a plat,
the approval of said plat shall not constitute an acceptance by Livonia of
such area. The Joint Planning Board shall require the plat to be endorsed
with appropriate notes to this effect. The Joint Planning Board may also require
the filing of a written agreement between the applicant and the governing
board covering future deed and title, dedication and provisions for the cost
of grading, development, equipment and maintenance of any such recreation
area.
