[Amended 3-18-2009 by L.L. No. 3-2009]
The preliminary layout, topographic map, street
profiles and formal subdivision plat and all procedures relating thereto
shall in all respects be in full compliance with the provisions of
§§ 7-728 and 7-730 of the Village Law, this chapter
and all other applicable regulations, except where variation therefrom
may be specifically authorized by the Board. In addition, the application
must include a payment of all applicable fees. The Board may also
require a monetary deposit to cover the costs of professional engineering,
inspection and consultation, and any excess funds will be returned
to the applicant after the final plat is filed.
[Amended 3-18-2009 by L.L. No. 3-2009]
The preliminary layout and its supporting documentation, as described in §
85-39, shall be submitted to the Board in the specified form and quantity. The Board shall study the preliminary layout, environmental impacts, street design, safety, utilities, topography, siting, aesthetics, drainage, etc., in connection with Village Law § 7-728, the Zoning Law, Master Plan, Official Map, state and county requirements
and general suitability to the neighboring properties and the Village
as a whole.
The Board shall discuss the preliminary layout
with the subdivider or his agent at a regular monthly meeting. After
discussion and site inspection, the Board shall communicate to the
subdivider:
A. The specific objections or changes which it will require
in the preliminary layout.
B. The nature and extent of required public improvements,
assessments or utility fees.
C. The amount and duration of required performance bonds
or letters of credit.
D. The requirement for Orange County Planning Commission
review if adjacent to Tuxedo Town land.
E. The requirement for Orange County Department of Health
review if the subdivision involves three or more lots within three
years (Public Health Law, Article 11, Title II) or incorporates wells
or septic systems.
[Amended 3-18-2009 by L.L. No. 3-2009]
The subdivider shall, within six months of preliminary approval, file with the Board the final subdivision plat, technical specifications, and other supporting materials in accordance with §
85-40. The final plat shall be on tracing cloth or Mylar film in sheets 20 inches wide by 40 inches long and to a scale of not more than 100 feet to the inch; except that, when more than one sheet is required, an additional index sheet of the same size shall be filed, showing, to appropriate scale, the entire subdivision on one sheet, with lot and block numbers. Before the Board acts on the final subdivision plat, it shall review in detail the subdivision requirements of §
85-40 of this chapter and hold a public hearing thereon in compliance with Village Law § 7-728.
Within 60 days of the submission of the final plat, the Board shall vote to approve, modify and approve or disapprove the subdivision. The sixty-day period, however, shall not begin unless and until the four requisites of §
85-8 are met. The application shall be deemed disapproved unless there are at least three favorable votes. In addition, any approval shall not be deemed final until the subdivider has paid any utility assessments, Village charges or other fees as set down by the Board of Trustees and until the provisions of the following section have been complied with.
[Amended 2-21-1990 by L.L. No. 1-1990]
The subdivider shall complete, in accordance
with the Board's decision, to the satisfaction of the Engineer and
any other official or body authorized by law to act, all the street
and sanitary improvements specified in § 7-730 of the Village
Law and not specifically waived by the Board, or, alternatively, shall
file with the Board a performance bond, letter of credit or cash security
deposit complying with such § 7-730 of the Village Law,
satisfactory to the Village Attorney as to form, sufficiency, manner
of execution and surety, for the completion of such improvements as
are not constructed and not approved by the Engineer and any other
official or body authorized to act prior to the approval of the plat.
The Board shall require a certificate from the Engineer or other designated
official as to the satisfactory character of improvements completed
and from the Village Attorney or other designated legal advisor as
to the adequacy of any bond which may be proffered. The subdivider
shall tender offers of cession in a form certified as satisfactory
by the Village Attorney of all land included in streets, highways
or parks, not specifically reserved by him, but approval of the plat
by the Board shall not constitute an acceptance by the Village of
the dedication of any street, highway, park or other public open space.
After the completion of these details and notation
to that effect upon the plat, it shall be deemed final approval, and,
within 90 days thereafter, the subdivider must file the plat with
the County Clerk or Registrar. Otherwise such approval shall expire
as provided in § 7-728 of the Village Law.