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]
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.
