Village of Hammondsport, NY
Steuben County
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Table of Contents
Table of Contents
Whenever any subdivision of land is proposed to be made in the Village of Hammondsport 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 his duly authorized agent shall apply in writing for, and duly obtain, approval for 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 Village Clerk, at least 15 days prior to a regular meeting of the Planning Board, two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article V, § 104-22, for the purposes of classification and preliminary discussion.
B. 
Discussion of requirements and classification of the subdivision.
(1) 
The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the requirements of these regulations for street and other improvements and other pertinent information in the furtherance of village policy. At this time the Planning Board shall classify the sketch plan as either a minor or a major subdivision as defined herein.
(2) 
If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in § 104-8 herein. The Board shall, when deemed necessary for protection of the public health, safety and welfare, require that a minor subdivision comply with all or some of the requirements specified as major subdivisions. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in § 104-9.
C. 
Review of sketch plan. The Planning Board shall determine whether the sketch plan conforms to the stated village policy and otherwise meets the purposes of these regulations and shall, where deemed necessary, make specific written recommendations to be incorporated by the applicant in the next submission.
A. 
Application.
(1) 
Within six months after classification of the sketch plan as a minor subdivision, the subdivider shall submit an application for approval of a subdivision plat. Failure to do so shall require resubmission of the sketch plan to the Planning Board.
(2) 
The plat shall conform to the layout shown on the sketch plan, together with any recommendations made by the Planning Board. This application shall also conform to the requirements listed in § 104-23. Eight copies of the subdivision plat shall be presented to the Village Clerk at the time of submission.
B. 
Fee. The fee for the application for plat approval for a minor subdivision is set forth on a fee schedule established by resolution of the Board of Trustees of the Village. Such fee schedule may thereafter be amended from time to time by like resolution. The schedule of fees shall be posted in the Village Clerk's Office.
[Amended 4-9-2019 by L.L. No. 3-2019]
C. 
When officially submitted. The time of submission of the subdivision plat shall be that date on which the completed application for plat approval, the required fee and all data required by § 104-23 herein have been duly filed with the Village Clerk.
D. 
Public hearing. When the Planning Board determines that the plat substantially conforms to the sketch plan approved under § 104-7 of this Article and/or modified in accordance with such approval and contains all the information required by § 104-23 herein, a hearing shall be held by the Board within 45 days of the submission of the plat in final form for approval. This hearing shall be advertised at least once in a newspaper of general circulation in the village at least 10 days before such hearing.
E. 
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.
F. 
Referral to Steuben County Planning Board. If the subdivision plat is of lands within 500 feet from any boundary of the village or from the right-of-way of any existing or proposed county or state road or highway or from any existing or proposed county or state park or other recreation area, the Village Clerk shall promptly so notify the County Planning Board and send such Board a copy of the plat for review. Within 30 days of the receipt of such notification the County Planning Board shall report to this Board its approval, disapproval or approval subject to stated conditions of the subdivision plat. Failure of the County Planning Board to report within such period shall be deemed to be an approval. If the County Planning Board disapproves or recommends modification of such a proposed subdivision plat, the Board shall not act contrary to such disapproval or recommendation of modification except by a vote of a majority plus one of all the members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary action.
G. 
Action on subdivision plat.
(1) 
Time. The Planning Board shall, within 60 days from the date of the official submission of the plat, act to conditionally approve with modifications, disapprove or grant final approval and authorize the signing of the subdivision plat. Failure of the Planning Board to act within such time shall constitute approval of the plat, and the Village Clerk shall, at the request of the subdivider, so certify.
(2) 
Decisions. If the plat is disapproved, the grounds for disapproval shall be stated in the records of the Board and a copy thereof delivered to the subdivider, together with a copy of the plat; one copy of the plat shall be retained in the Board's records by the Clerk. If approved, the plat shall be signed by the duly designated officer of the Board and delivered to the subdivider; a copy shall be retained in the Board's records by the Clerk. The plat shall then be filed or recorded by the subdivider in the office of the Steuben County Clerk within 60 days, or such approval shall automatically expire and the plat become null and void.
(3) 
Condition. Upon granting conditional approval, with or without modification, the Planning Board shall empower a duly authorized officer to sign the plat upon compliance with such conditions and requirements as may be stated in its resolution of conditional approval. Within five days of the resolution granting conditional approval, the plat shall be certified by the Clerk of the Planning Board as conditionally approved, a copy shall be filed in his office and a certified copy mailed to the subdivider. The copy mailed to the subdivider shall include a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved plat.
(4) 
Signing. Upon completion of such requirements, the plat shall be signed by the duly designated officer of the Planning Board and delivered to the subdivider; one copy shall be retained in the Board's records by the Clerk. Conditional approval of a plat shall expire 180 days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if in its opinion such extension is warranted in the circumstances, for not to exceed two additional periods of 90 days each.
(5) 
Filing. When finally approved and signed, the plat shall be recorded or filed by the subdivider in the office of the Steuben County Clerk within 60 days, or such approval shall automatically expire and the plat become null and void.
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 approval of a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked "Preliminary Plat" and shall be in the form described in § 104-24 hereof. Eight copies of the preliminary plat shall be presented to the Village Clerk at the time of submission.
B. 
Fee. The fee for the application for plat for major subdivision is set forth on a fee schedule established by resolution of the Board of Trustees of the Village. Such fee schedule may thereafter be amended from time to time by like resolution. The schedule of fees shall be posted in the Village Clerk's Office.
[Amended 4-9-2019 by L.L. No. 3-2019]
C. 
When officially submitted. The time of submission of the preliminary plat shall be that date on which the application for plat approval, the required fee and all data required by § 104-24 of these regulations have been duly filed with the Village Clerk.
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 plat.
E. 
Review or preliminary plat. The Planning Board shall study the practicability of the preliminary plat, 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, the proposed methods for water supply and sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided and the requirements of the Comprehensive Development Plan, the Official Map and the Land Use Regulations.[1]
[1]
Editor's Note: See Ch. 122, Zoning.
F. 
Referral to Steuben County Planning Board. If the preliminary plat is of lands within 500 feet from any boundary of the village or from any existing or proposed county or state park or other recreation area or from the right-of-way of any existing or proposed county or state road or highway, the Clerk shall promptly so notify the County Planning Board and send to such Board a copy of the preliminary plat for review. Within 30 days of the receipt of such notification the County Planning Board shall report to the Board its approval, disapproval or approval subject to stated conditions of the preliminary plat. Failure of the County Planning Board to report within such period shall be deemed to be approval. If the County Planning Board disapproves or recommends modification of such a preliminary plat, then the Board shall not act contrary to such disapproval or recommended modification except by a vote of a majority plus one of all the members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary action.
G. 
Action on preliminary plat.
(1) 
Action. Within 45 days after the receipt of such preliminary plat by the Village Clerk, the Board shall hold a public hearing, advertised at least once in a newspaper of general circulation in the village at least 10 days before such a hearing and in any other manner the Board may deem appropriate for full public consideration of the preliminary plat. Within 90 days after the final completion of this public hearing or any additional public hearings which might be required thereon, the Planning Board shall approve, with or without modification, or disapprove such preliminary plat. The time within which the Board must take action on such preliminary plat may be extended by mutual consent of the subdivider and the Board.
(2) 
Decision. If disapproved, the grounds for disapproval shall be stated upon the records of the Planning Board and a copy thereof shall be personally served or served by certified mail, return receipt requested, and by regular mail, to the subdivider. Within five business days of the approval of such preliminary plat, it shall be certified by the Clerk as having been granted preliminary approval and a copy filed in his office, a certified copy mailed to the owner and a copy forwarded to the Village Board. When granting approval of the preliminary plat, the Planning Board shall state, in writing, the terms of such approval, if any, with respect to any modifications to the preliminary plat which the Board deems necessary when submitting the final subdivision plat and to the character and extent of the required improvements for which waivers may have been requested, which terms in its opinion may be waived without jeopardy to the public health, safety, morals and general welfare, and with respect to the amount of improvements or the amount of all bonds therefor which it will require as a prerequisite to its approval of the subdivision plat.
(3) 
Scope. Approval of a preliminary plat shall not constitute approval of the subdivision plat. It shall signify approval of the design submitted on the preliminary plat as a reference in the preparation of the final plat which will be submitted for approval by the Planning Board.
(4) 
Lapse. If the final plat is not submitted within six months after the approval of the preliminary plat, then the Board may revoke its approval of the preliminary plat.
A. 
Application for approval. The subdivider must, within six months after the approval of the preliminary plat, file with the Village Clerk an application for approval of the subdivision plat, using the form available from the Village Clerk. The application shall be accompanied by three copies [one copy in ink on linen or any other material accepted by the Steuben County Clerk's office for filing] of the plat, the original and one true copy of all offers of cession, covenants and agreements and two prints of all construction drawings.
B. 
Fee. All applications for plat approval for major subdivisions shall be accompanied by a fee of $50.
C. 
When officially submitted. The time of submission of the subdivision plat shall be that date on which the completed application for approval, accompanied by the required fee and all data required by § 104-25 herein, has been filed with the Village Clerk.
D. 
Public hearing. When the Planning Board determines that the final plat substantially conforms to the preliminary plat approved under § 104-9 of this Article and/or modified in accordance with such approval, a hearing shall be held by the Board within 45 days of the submission of the plat in final form for approval. This hearing shall be advertised at least once in a newspaper of general circulation in the village at least 10 days before such hearing.
E. 
Action on proposed subdivision plat.
(1) 
Action. 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 45 days after the date such hearing is finally completed. This time may be extended by mutual consent of the subdivider and the Board. Failure to take action on a final plat within the time prescribed or by the date mutually agreed upon shall be deemed approval of the final plat and the Village Clerk, at the request of the subdivider, shall so certify.
(2) 
Decision. If disapproved, the grounds therefor shall be stated in the records of the Board and a certified copy thereof personally served or served by certified mail, return receipt requested, and by regular mail to the subdivider within 10 business days of such decision. If the plat is given conditional approval, the Board shall empower a duly authorized officer to sign the plat upon completion of such requirements as may be stated in the resolution. Within five business days of such resolution, the plat shall be certified by the Village Clerk as conditionally approved and a copy filed in his office and a certified copy mailed to the subdivider. The copy mailed to the subdivider shall include a statement of such requirements which, when satisfactorily completed, will authorize the signing of the conditionally approved final plat. Upon completion of such requirements, the final plat shall be signed by said duly authorized officer.
(3) 
Lapse. Conditional approval of a final plat shall expire 180 days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Board may, however, extend the time within which a conditionally approved plat may be submitted for a signature if in its opinion an extension is warranted in the circumstances. In no event, however, shall such extension exceed two additional periods of 90 days each.
A. 
Securing proper completion of improvements. Before the 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) 
In an amount set by the Planning Board the subdivider shall either file with the Village Clerk a certified check payable to the Village of Hammondsport to cover the full costs of the required improvements or file with the Village Clerk a performance bond to cover the full cost of the required improvements pursuant to Section 7-730, Subdivision 1, of the Village Law and which further shall be satisfactory to the Village Board and Village Attorney 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 as to that time within which all required improvements shall be completed.
(2) 
The subdivider shall complete all required improvements to the satisfaction of the Public Works Superintendent, who shall file with the Planning Board a letter stating that all improvements required by said Board have been satisfactorily completed.
B. 
Inspection of improvements. At least 10 days prior to commencing construction of the required improvements, the subdivider shall pay to the Village Clerk an inspection fee according to the schedule established by the Village Board. He shall also notify the Village Board, in writing, of the date when he proposes to commence construction, so that the Village Board or its designated agent may cause an inspection to be made to ascertain whether or not all village specifications and requirements shall have been met and that all improvements and utilities required by the Planning Board are satisfactorily installed.
C. 
Modification of design of improvements. If at any time before or during the construction of the required improvements, the Village Public Works Superintendent determines that unforeseen conditions make it necessary or preferable to modify the location or design of any such required improvements, he may, with the approval of a previously designated member of the Planning Board, authorize appropriate modifications within the spirit and intent of the Planning Board's resolution of conditional plat approval. Any such modifications shall not, however, include waiver or substantial alteration of the function of any improvements required by the Board. The Public Works Superintendent shall issue any authorization under this section in writing and shall, forthwith, transmit a copy of such authorization to the Planning Board.
D. 
Proper installation of improvements. If the Public Works Superintendent 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 immediately report his findings to the Village Board and to the Planning Board. The Village Board shall then notify the subdivider and, if necessary, the bonding company, as well as 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.
E. 
Approval of improvements. The required improvements under Subsection A(1) shall not be considered to be completed until the installation of the improvements has been approved by the Public Works Superintendent, who shall file with the Village Board a letter certifying the same. This letter shall authorize release of the subdivider's bond or certified check by the Village Clerk. If the subdivider elects to complete all required improvements according to Subsection A(2), then such letter shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer.
A. 
Public acceptance of streets. The approval by the Planning Board of a subdivision plat shall not be deemed to constitute nor be considered as evidence of any acceptance by the village of any street, easement or other open space shown on such subdivision plat. Every street shown on a plat that is hereafter filed or recorded in the office of the Steuben County Clerk shall be deemed to be a private street until such time as it has been both formally offered for cession to the public and formally accepted as a public street by resolution of the Village Board or, alternatively, until it has been condemned by the village for use as a public street.
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 Board may also require the filing of a written agreement between the applicant and the Village Board covering future deed and title, dedication and provision for the cost of grading, developing, equipping and maintaining any such recreation area.
A. 
Final approval and filing. Upon completion of the requirements in §§ 104-10 and 104-11 above and notation by the Clerk to that effect upon the subdivision plat, it shall be deemed to have final approval and shall thereupon be properly signed by the duly designated officer of the Planning Board and may be filed by the applicant in the office of the Steuben County Clerk. Any plat not so filed or recorded within 60 days of the date upon which such plat is approved or considered approved by reason of the failure of the Board to act 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 Planning Board and endorsed in writing on the plat unless the said plat is first resubmitted to the Planning Board and such Board approves the same. In the event that any such plat is recorded without complying with this requirement, it shall be considered null and void, and the Board shall institute proceedings to have the plat stricken from the records of the County Clerk.