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 subdivider or his duly authorized agent shall
apply in writing for approval of such proposed subdivision in accordance
with the following procedures.
A.
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Planning Board at least two weeks prior to the regular meeting of the Board two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article IV, for the purposes of classification and preliminary discussion.
B.
Discussion of requirements. At its meeting with the
subdivider, the Planning Board shall discuss the objectives of these
regulations and the requirements for street improvements, drainage,
sewerage, water supply, fire protection and similar aspects, as well
as the availability of existing services and other pertinent information.
C.
Classification. Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor or major subdivision, as defined in these regulations. The Board may require, however, when it deems it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the sketch plan is classified and approved as a minor subdivision, the subdivider shall then comply with the procedure outlined in Article III, § 120-5, of these regulations. If the sketch plan is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article II, §§ 120-6, 120-7 and 120-8.
D.
Study of sketch plan. The Planning Board shall determine
whether the sketch plan meets the purposes of these regulations and
shall, where it deems it necessary, make specific suggestions in writing
to be incorporated by the applicant in the next submission to the
Planning Board.
E.
Sketch plan application and review fee. A fee as set forth in Chapter 63, Fees, shall be charged for anyone coming before the Board if there has to be a motion. Anyone else coming for information, unless directed by the Building Inspector, shall also pay the fee as set forth in Chapter 63, Fees. All submissions shall be in writing, on a proper form, accompanied by the fee and received at least 21 days prior to the next scheduled meeting.
[Added 11-8-1982]
A.
Application. Within six months after the approval of the sketch plan by the Planning Board, the subdivider shall submit an application for approval of a subdivision plat. The plat shall contain all information from the sketch plan, as approved by the Board, plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in Article IV, § 120-20A.
B.
Fees. For minor subdivisions, there shall be one nonrefundable fee for preliminary plat submissions and one nonrefundable fee of $50 for final plat submissions as set forth in Chapter 63, Fees.
[Amended 11-8-1982; 2-10-1986]
C.
Number of copies. Five copies of the subdivision plat
shall be presented to the Secretary of the Planning Board at least
two weeks prior to a scheduled Board meeting.
D.
Subdivider to attend Planning Board meeting. The subdivider,
or his duly authorized representative, shall attend the meeting of
the Planning Board to discuss the subdivision plat.
E.
When officially submitted.
[Amended 6-7-2004 by L.L. No. 4-2004]
(1)
The date of official submission of the final plat shall be deemed to be the date on which the Planning Board certifies the application as complete at a regular or special meeting of the Board. No application shall be deemed officially submitted until all the surveys, plans and other data required in Article IV, § 120-20, are submitted complete and in good form, together with the application and fee.
(2)
Receipt of a complete preliminary plat. A final plat
shall not be deemed complete until a negative declaration has been
filed or until a notice of completion of the draft environmental impact
statement has been filed in accordance with the provisions of the
State Environmental Quality Review Act. The time periods for review
of a final plat shall begin upon filing of such negative declaration
or such notice of completion.
F.
Public hearing. Before the Planning Board shall act
on the subdivision plat, it shall hold a public hearing in accordance
with § 7-728.6. of New York State Village Law, Advertising
for the public hearing and certified mailings, if any, shall be paid
for by the applicant.
[Amended 11-8-1982; 6-7-2004 by L.L. No. 4-2004]
G.
Decision. The Planning Board shall make its decision
on the final plat in accordance with the provisions of § 7-728.6.
of New York State Village Law.
[Amended 2-10-1986; 6-7-2004 by L.L. No. 4-2004]
H.
The cost(s) of the Planning Board obtaining and securing
the advice of or assistance of any expert consultant(s) shall be paid
by the applicant, and the Planning Board may require the applicant
to deposit funds in a reasonable amount to assure payment of any such
consultant(s), and any surplus shall be returned after the consultant(s)
bill is received and paid in full.
[Added 2-10-1986]
A.
Application. Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the consideration of a preliminary layout of the proposed subdivision, in the form described in Article IV, § 120-21, hereof. Such a preliminary plat shall be clearly marked "preliminary plat." The preliminary layout shall, in all respects comply with the requirements set forth in the provisions of Article IV, § 120-21, hereof, and § 7-728 of the New York State Village Law, except where a waiver may be specifically authorized by the Planning Board.
[Amended 6-7-2004 by L.L. No. 4-2004]
B.
Fees. For major subdivisions, there shall be one nonrefundable fee for preliminary plat submissions and one nonrefundable fee for final plat submissions as set forth in Chapter 63, Fees.
[Amended 11-8-1982; 2-10-1986]
C.
Number of copies. The original and five copies of
the preliminary layout shall be presented to the Secretary of the
Planning Board at least two weeks prior to a scheduled Board meeting.
D.
Subdivider to attend Planning Board meeting. The subdivider,
or his duly authorized representative, shall attend the meeting of
the Planning Board to discuss the preliminary layout.
E.
Study of layout. The Planning Board shall study the
practicability of the preliminary layout, taking into consideration
the requirements of the community and the best use of the land being
subdivided. Particular attention shall be given to the arrangement,
location and width of streets, their relation to the topography of
the land, water supply, sewage disposal, drainage, lot sizes and arrangement,
the future development of adjoining lands as yet unsubdivided and
the requirements of the Master Plan, the Official Map and zoning regulations,
if such exist.
F.
Approval of preliminary plats. The Planning Board
shall follow the procedures and make its decision on the preliminary
layout in accordance with the provisions of § 7-728.5 of
New York State Village Law as follows:
[Amended 6-7-2004 by L.L. No. 4-2004]
(1)
Receipt of a complete preliminary plat. A preliminary
plat shall not be considered complete until a negative declaration
has been filed or until a notice of completion of the draft environmental
impact statement has been filed in accordance with the provisions
of the State Environmental Quality Review Act. The time periods for
review of a preliminary plat shall begin upon filing of such negative
declaration or such notice of completion.
(2)
Planning Board as lead agency under the state environmental
quality review act; public hearing; notice; decision.
(a)
Public hearing on preliminary plats. The time
within which the Planning Board shall hold a public hearing on the
preliminary plat shall be coordinated with any hearings the Planning
Board may schedule pursuant to the State Environmental Quality Review
Act, as follows:
[1]
If such Board determines that the preparation
of an environmental impact statement on the preliminary plat is not
required, the public hearing on such plat shall be held within 62
days after the receipt of a complete preliminary plat by the Clerk
of the Planning Board; or
[2]
If such Board determines that an environmental
impact statement is required, and a public hearing on the draft environmental
impact statement is held, the public hearing on the preliminary plat
and the draft environmental impact statement shall be held jointly
within 62 days after the filing of the notice of completion of such
draft environmental impact statement in accordance with the provisions
of the State Environmental Quality Review Act. If no public hearing
is held on the draft environmental impact statement, the public hearing
on the preliminary plat shall be held within 62 days of filing the
notice of completion.
(b)
Public hearing; notice, length. The hearing
on the preliminary plat shall be advertised at least once in a newspaper
of general circulation in the Village at least five days before such
hearing if no hearing is held on the draft environmental impact statement,
or 14 days before a hearing held jointly therewith. The Planning Board
may provide that the hearing be further advertised in such manner
as it deems most appropriate for full public consideration of such
preliminary plat. The hearing on the preliminary plat shall be closed
upon motion of the Planning Board within 120 days after it has been
opened.
(c)
Decision. The Planning Board shall approve,
with or without modification, or disapprove such preliminary plat
as follows:
[1]
If the Planning Board determines that the preparation
of an environmental impact statement on the preliminary plat is not
required, such Board shall make its decision within 62 days after
the close of the public hearing; or
[2]
If the Planning Board determines that an environmental
impact statement is required, and a public hearing is held on the
draft environmental impact statement, the final environmental impact
statement shall be filed within 45 days following the close of such
public hearing in accordance with the provisions of the State Environmental
Quality Review Act. If no public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of the public hearing on
the preliminary plat. Within 30 days of the filing of such final environmental
impact statement, the Planning Board shall issue findings on the final
environmental impact statement and make its decision on the preliminary
plat.
(d)
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board. When so approving a preliminary plat, the Planning
Board shall state in writing any modifications it deems necessary
for submission of the plat in final form.
(3)
Planning Board not as lead agency under the State
Environmental Quality Review Act; public hearing; notice; decision.
(a)
Public hearing on preliminary plats. The Planning
Board shall, with the agreement of the lead agency, hold the public
hearing on the preliminary plat jointly with the lead agency's hearing
on the draft environmental impact statement. Failing such agreement
or if no public hearing is held on the draft environmental impact
statement, the Planning Board shall hold the public hearing on the
preliminary plat within 62 days after the receipt of a complete preliminary
plat by the Clerk of the Planning Board.
(b)
Public hearing; notice, length. The hearing
on the preliminary plat shall be advertised at least once in a newspaper
of general circulation in the Village at least five days before such
hearing if held independently of the hearing on the draft environmental
impact statement, or 14 days before a hearing held jointly therewith.
The Planning Board may provide that the hearing be further advertised
in such manner as it deems most appropriate for full public consideration
of such preliminary plat. The hearing on the preliminary plat shall
be closed upon motion of the Planning Board within 120 days after
it has been opened.
(c)
Decision. The Planning Board shall by resolution
approve with or without modification or disapprove the preliminary
plat as follows:
[1]
If the preparation of an environmental impact
statement on the preliminary plat is not required, the Planning Board
shall make its decision within 62 days after the close of the public
hearing on the preliminary plat.
[2]
If an environmental impact statement is required,
the Planning Board shall make its own findings and its decision on
the preliminary plat within 62 days after the close of the public
hearing on such preliminary plat or within 30 days of the adoption
of findings by the lead agency, whichever period is longer.
(d)
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board. When so approving a preliminary plat, the Planning
Board shall state in writing any modifications it deems necessary
for submission of the plat in final form.
(4)
Certification and filing of preliminary plat. Within
five business days of the adoption of the resolution granting approval
of such preliminary plat, such plat shall be certified by the Clerk
of the Planning Board as having been granted preliminary approval
and a copy of the plat and resolution shall be filed in such Clerk's
office. A copy of the resolution shall be mailed to the owner.
(5)
Filing of decision on preliminary plat. Within five
business days from the date of the adoption of the resolution stating
the decision of the Board on the preliminary plat, the Chairman or
other duly authorized member of the Planning Board shall cause a copy
of such resolution to be filed in the office of the Village Clerk.
(6)
Revocation of approval of preliminary plat. Within
six months of the approval of the preliminary plat the owner must
submit the plat in final form. If the final plat is not submitted
within six months, approval of the preliminary plat may be revoked
by the Planning Board.
G.
The cost(s) of the Planning Board of obtaining and
securing the advice or assistance of any expert consultant(s) shall
be paid by the applicant, and the Planning Board may require the applicant
to deposit funds in a reasonable amount to assure payment of any such
consultant(s) and any surplus shall be returned after the consultant(s)
bill is received and paid in full.
[Added 2-10-1986]
H.
State environmental quality review fees for the following shall be as set forth in Chapter 63, Fees:
[Added 2-10-1986]
(2)
Environmental assessment.
(a)
Draft environmental assessment processing fee.
(b)
The costs associated with publication and noticing
of environmental assessment processing.
(c)
The cost(s) of obtaining and securing the advice
or assistance of any expert consultant(s) shall be paid by the applicant,
and the Planning Board may require the applicant to deposit funds
in a reasonable amount to assure payment of any consultant(s), and
any surplus shall be returned after the consultant(s) bill is received
and paid in full.
(3)
Preparation of notice of completion and statement
of findings.
A.
Approval of final plats.
[Amended 6-7-2004 by L.L. No. 4-2004]
(1)
Submission of final plats. Final plats shall conform
to the definition provided by this section.
(2)
Final plats which are in substantial agreement with approved preliminary plats. The final plat shall not be deemed officially submitted until all surveys, plans, data required in Article IV, § 120-21, hereto are submitted complete and in good form, together with the application duly completed, and the fee for application paid. When a final plat is submitted which the Planning Board deems to be in substantial agreement with a preliminary plat approved pursuant to this section, the Planning Board shall, by resolution, conditionally approve with or without modification, disapprove, or grant final approval and authorize the signing of such plat, within 62 days of its receipt in completed form by the Clerk of the Planning Board.
(3)
Final plats; not in substantial agreement with approved
preliminary plats. When a final plat is submitted which the Planning
Board deems not to be in substantial agreement with a preliminary
plat approved pursuant to this section, the following shall apply:
(a)
Planning Board as lead agency; public hearing;
notice; decision.
[1]
Public hearing on final plats. The time within
which the Planning Board shall hold a public hearing on such final
plat shall be coordinated with any hearings the Planning Board may
schedule pursuant to the State Environmental Quality Review Act, as
follows:
[a]
If such Board determines that the
preparation of an environmental impact statement is not required,
the public hearing on a final plat not in substantial agreement with
a preliminary plat, shall be held within 62 days after the receipt
of a complete final plat by the Clerk of the Planning Board; or
[b]
If such Board determines that an
environmental impact statement is required, and a public hearing on
the draft environmental impact statement is held, the public hearing
on the final plat and the draft environmental impact statement shall
be held jointly within 62 days after the filing of the notice of completion
of such draft environmental impact statement in accordance with the
provisions of the State Environmental Quality Review Act. If no public
hearing is held on the draft environmental impact statement, the public
hearing on the final plat shall be held within 62 days following filing
of the notice of completion.
[2]
Public hearing; notice, length. The hearing
on the final plat shall be advertised at least once in a newspaper
of general circulation in the Village at least five days before such
hearing if no hearing is held on the draft environmental impact statement,
or 14 days before a hearing held jointly therewith. The Planning Board
may provide that the hearing be further advertised in such manner
as it deems most appropriate for full public consideration of such
final plat. The hearing on the final plat shall be closed upon motion
of the Planning Board within 120 days after it has been opened.
[3]
Decision. The Planning Board shall make its
decision on the final plat as follows:
[a]
If such Board determines that the
preparation of an environmental impact statement on the final plat
is not required, the Planning Board shall, by resolution, conditionally
approve, with or without modification, disapprove, or grant final
approval and authorize the signing of such plat, within 62 days after
the date of the public hearing; or
[b]
If such board determines that an
environmental impact statement is required, and a public hearing is
held on the draft environmental impact statement, the final environmental
impact statement shall be filed within 45 days following the close
of such public hearing in accordance with the provisions of the State
Environmental Quality Review Act. If no public hearing is held on
the draft environmental impact statement, the final environmental
impact statement shall be filed within 45 days following the close
of the public hearing on the final plat. Within 30 days of the filing
of the final environmental impact statement, the Planning Board shall
issue findings on such final environmental impact statement and shall,
by resolution, conditionally approve, with or without modification,
disapprove, or grant final approval and authorize the signing of such
plat.
[4]
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board.
(b)
Planning Board not as lead agency; public hearing;
notice; decision.
[1]
Public hearing. The Planning Board shall, with
the agreement of the lead agency, hold the public hearing on the final
plat jointly with the lead agency's hearing on the draft environmental
impact statement. Failing such agreement or if no public hearing is
held on the draft environmental impact statement, the Planning Board
shall hold the public hearing on the final plat within 62 days after
the receipt of a complete final plat by the Clerk of the Planning
Board.
[2]
Public hearing; notice, length. The hearing
on the final plat shall be advertised at least once in a newspaper
of general circulation in the Village at least five days before such
hearing if held independently of the hearing on the draft environmental
impact statement, or 14 days before a hearing held jointly therewith.
The Planning Board may provide that the hearing be further advertised
in such manner as it deems most appropriate for full public consideration
of such final plat. The hearing on the final plat shall be closed
upon motion of the Planning Board within 120 days after it has been
opened.
[3]
Decision. The Planning Board shall by resolution
conditionally approve, with or without modification, disapprove, or
grant final approval and authorize the signing of such plat as follows:
[a]
If the preparation of an environmental
impact statement on the final plat is not required, the Planning Board
shall make its decision within 62 days after the close of the public
hearing on the final plat.
[b]
If an environmental impact statement
is required, the Planning Board shall make its own findings and its
decision on the final plat within 62 days after the close of the public
hearing on such final plat or within 30 days of the adoption of findings
by the lead agency, whichever period is longer. The grounds for a
modification, if any, or the grounds for disapproval shall be stated
upon the records of the Planning Board.
(4)
Approval and certification of final plats. Within
five business days of the adoption of the resolution granting conditional
or final approval of the final plat, such plat shall be certified
by the Clerk of the Planning Board as having been granted conditional
or final approval and a copy of such resolution and plat shall be
filed in such Clerk's office. A copy of the resolution shall be mailed
to the owner. In the case of a conditionally approved plat, such resolution
shall include a statement of the requirements which, when completed,
will authorize the signing thereof. Upon completion of such requirements,
the plat shall be signed by said duly authorized officer of the Planning
Board and a copy of such signed plat shall be filed in the office
of the Clerk of the Planning Board or filed with the Village Clerk
as determined by the Village Board of Trustees.
(5)
Approval of plat in sections. In granting conditional
or final approval of a plat in final form, the Planning Board may
permit the plat to be subdivided and developed in two or more sections
and may in its resolution granting conditional or final approval state
that such requirements as it deems necessary to insure the orderly
development of the plat be completed before said sections may be signed
by the duly authorized officer of the Planning Board. Conditional
or final approval of the sections of a final plat may be granted concurrently
with conditional or final approval of the entire plat, subject to
any requirements imposed by the Planning Board.
(6)
Duration of conditional approval of final plat. Conditional
approval of the final plat shall expire within 180 days after the
resolution granting such approval unless all requirements stated in
such resolution have been certified as completed. The Planning Board
may extend by not more than two-additional periods of 90 days each
the time in which a conditionally approved plat must be submitted
for signature if, in the Planning Board's opinion, such extension
is warranted by the particular circumstances.
B.
Number of copies. A subdivider intending to submit
a proposed subdivision plat for the approval of the Planning Board
shall provide the Secretary of the Board with a copy of the application
and one original and two prints of the plat, the original and one
certified copy of all offers of cession, covenants and agreements
and two prints of all construction drawings, at least two weeks in
advance of the meeting at which it is to be submitted.
D.
Endorsement of state and county agencies. Water and
sewer facility proposals contained in the subdivision plat shall be
properly endorsed and approved by the New York State Department of
Health. Applications for approval of plans for sewer or water facilities
will be filed by the Village Engineer with all necessary county and
state agencies. Endorsement and approval of the State Department of
Health shall be secured before official submission of the subdivision
plat.
G.
Issuance of building permits.
(1)
Notwithstanding the requirements of the Zoning Ordinance
and other applicable codes and ordinances, the Building Inspector
may issue building permits for lots on the approved plat upon notification
by the Planning Board that required improvements have been properly
installed or that a bond to cover these improvements has been filed
with the Village Clerk.
(2)
In order for a subdivider to file an approved subdivision
plat, the following note must appear on the map to be filed.
[Added 11-12-1979]
"No building permits will be issued for any
lots in any approved section of such subdivision, with the exception
of two model homes, until all public improvements have been installed
to the satisfaction of the Village of Warwick, with the exception
of the asphaltic concrete wearing course. The wearing course shall
be bonded, and this work shall be done before certificates of occupancy
are issued.
|
The two model homes are not to be sold until
all improvements are completed. No certificates of occupancy shall
be issued for any of the buildings until all the public improvements
are completed and accepted for dedication by the Village Board."
|
A.
Improvements and performance bond. Before the Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1) or Subsection A(2) below.
(1)
Bonds and improvements.
(a)
In an amount set by the Planning Board the subdivider
shall either file with the Village Clerk a certified check to cover
the full cost of the required improvements, or the subdivider shall
file with the Village Clerk a performance bond to cover the full cost
of the required improvements.
Any such bond shall comply with the requirements
of § 179-1 of the Village Law[1] and shall be satisfactory to the Village Engineer as to form, sufficiency, manner of execution and surety. A period of one year, or such other period as the Planning Board may determine appropriate, not to exceed three years, shall be set forth in the bond within which required improvements must be completed. If the bond is not filed within 45 days of the approval granted in § 120-7F above, the plat shall be deemed disapproved.
|
[1]
Editor's Note: See § 7-730 of the
new Village Law.
(b)
With respect to any dwelling fronting on a new
street shown on the subdivision plat, all required improvements shall
be completed to the satisfaction of the Village Engineer within four
months after the date of initial title transfer. If the subdivider
fails to do so, the Board of Trustees may order such improvements
to be installed and charge the expense thereof to the subdivider.
In the case of exceptionally large subdivisions, the Planning Board
may grant a reasonable extension of time beyond the said four-month
period or, alternately, may approve the completion of only a portion
of the required improvements within the period specified. No bond
shall be released except upon certification by the Board of Trustees
that all required improvements have been completed to their satisfaction.
(2)
Completion of improvements. The subdivider shall complete
all required improvements to the satisfaction of the Village Engineer,
who shall file with the Planning Board a letter signifying the satisfactory
completion of all improvements required by the Board. For any required
improvements not so completed there shall be submitted to the Board
of Trustees a bond or certified check covering the costs of all improvements
not completed and the cost of satisfactorily installing any improvement
not approved by the Village Engineer. Any such bond shall be satisfactory
to the Board of Trustees and the Village Engineer as to form, sufficiency,
manner of execution and surety.
(3)
Regardless of whether the procedure in Subsection A(1) or Subsection A(2) of this section is followed, the following also shall be required.
(a)
The subdivider shall file with the village a
certified check or surety bond in the amount determined by the Planning
Board to be adequate to assure the satisfactory condition of the initial
improvements for a period of one year following their completion.
Any such bond shall be satisfactory to the Board of Trustees and Village
Engineer as to form, sufficiency, manner of execution and surety.
(b)
The subdivider shall be required to provide
contingent public liability insurance in the name of the village at
the same limits as the general liability policy of the village. This
insurance shall apply to general liability and property damage coverage.
(c)
Review fees. The subdivider shall file with
the village a certified check, calculated upon the following schedule,
for review of plans of developments at both preliminary and final
submission stages. Said review fee will be paid with an application
for preliminary approval, will be nonrefundable and will allow for
a thorough review of the plans prior to construction.
[Added 1-10-1977 by L.L. No. 1-1977]
[1]
Inspection fees. The applicant shall pay to
the village, prior to the inspection, an amount equal to 5% of the
cost of the proposed improvements as estimated by the Village Engineer,
as a retainer. If the actual cost of inspection exceeds 5%, the difference
shall be paid by the applicant.
[Amended 11-8-1982[2]]
[2]
Editor's Note: This resolution also superseded
former Subsection A(3)(c)(1) through [3].
B.
Waiver of required improvements. The Planning Board
may waive, for such period as it may determine, the provision of any
or all such improvements as, in its judgment, are not necessary in
the interests of the public health, safety and general welfare. In
the case of each waiver granted, the Planning Board shall enter upon
its records the reason or reasons why the particular improvement is
not necessary, and it shall attach appropriate conditions or require
such guaranties as may be necessary to protect the public interest.
C.
Modification of design of improvements. If at any
time before or during the construction of the required improvements
it is demonstrated to the satisfaction of the Village Engineer that
unforeseen conditions made it necessary or preferable to modify the
location or design of such required improvements, the Village Engineer
may, upon his own initiative or upon written request of the subdivider,
authorize modifications, provided these modifications are within the
spirit and intent of the 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 Village Engineer shall issue any authorization
under this section in writing and shall transmit a copy of such authorization
to the Planning Board at its next regular meeting.
D.
Inspection of improvements. The Board of Trustees
shall cause inspection to be made to assure that all Village specifications
and requirements shall be met during the construction of required
improvements and to assure the satisfactory completion of improvements
and utilities required by the Planning Board.
(1)
The applicant may elect to install such improvements
in accordance with the approved preliminary layout if he notifies
the Board of Trustees in writing of his intentions to proceed. If
he does not so notify the Board of Trustees, he shall proceed at his
own risk. Upon receipt of a written request to proceed, the Board
of Trustees shall assign an Inspector. The applicant shall pay to
the Village, prior to the inspection, an amount equal to 3% of the
cost of the proposed improvements as estimated by the Village Engineer
or the actual cost of inspection, whichever is less.
(2)
If a bond is to be given to assure completion of required
improvements, the Board of Trustees shall assign an Inspector to assure
such satisfactory completion. The developer shall pay the Board of
Trustees, prior to their approval of the bond, an amount equal to
3% of the amount of the bond to cover the cost of such inspection.
E.
Utilities required. As to utilities required by the
Planning Board, the Planning Board may accept assurance from each
public utility company whose facilities are proposed to be installed.
Such assurance shall be given in a letter 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.
F.
Proper installation of improvements. If the Village
Engineer shall find, upon inspection of the improvements performed
before the expiration date of the performance bond, that any of the
required improvements have not been constructed in accordance with
plans and specifications filed by the subdivider, he shall so report
to the Board of Trustees, Building Inspector and Planning Board. The
Planning Board then shall notify the subdivider and, if necessary,
the bonding company, and take all necessary steps to preserve the
Village's rights under the bond. No plat shall be approved by the
Planning Board as long as the subdivider is in default on a previously
approved plat.
A.
Final approval and filing.[1] Upon completion of the requirements in § 120-8 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 officers of the Planning Board, Chairman or Acting Chairman, and shall be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed or recorded within 60 days of the date upon which such plat is approved, or considered approved by reasons of the failure of the Planning Board to act, shall become null and void, unless the particular circumstances of said applicant warrant the Planning Board to grant an extension.
[Amended 6-7-2004 by L.L. No. 4-2004]
[1]
Editor's Note: See § 7-728 of the
Village Law.
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 Planning Board and endorsed in writing
on the plat, unless the said plat is first resubmitted to the 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
Planning Board of a subdivision plat shall not be deemed to constitute
or be evidence of any acceptance by the village of any street, easement,
park, playground 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 the village of such area. The Planning Board shall require the
plat to be endorsed with appropriate notes to this effect. The Planning
Board may also require the filing of a written agreement between the
applicant and the Board of Trustees covering future deed and title,
dedication and provision for the cost of grading, development, equipment
and maintenance of any such recreation area.