When any subdivision of land is proposed to
be made and before any contract for sale of or any offer to sell such
subdivision or any part thereof is made and before any building permit
shall be granted, the procedure outlined will be observed.
A.
Previous to the filing of an application for the approval of a plat, the subdivider shall submit to the Planning Board a sketch plat and data as specified in Article V. This step does not require formal application fee or filing of a plat with the Planning Board.
B.
Within 31 days the Planning Board shall inform the
subdivider that the sketch plat and data as submitted or as modified
do or do not meet the objectives of these regulations, and it shall
express its reasons therefor. In addition, at this time, the Planning
Board shall classify the subdivision as either a minor or a major
subdivision.
C.
When the subdivider has been notified that the sketch
plat has met the objectives, he should then consult the New York State
Department of Health if his proposed subdivision is five or more lots
under five acres offered for sale within the previous three years.
D.
If the subdivision is to utilize a form of subsurface
leaching, the subdivider's engineer should prepare a preliminary plat
only after an inspection, percolation tests and deep test pits have
been made of the property.
E.
If the installation of a sewer system is involved,
the subdivider should consult with the New York State Department of
Health.
B.
Eight copies of the preliminary plat and supplementary
material specified shall be submitted to the Planning Board with eight
copies of the subdivision application at least 14 days prior to the
meeting at which it is to be considered.
C.
Within 62 days of receipt of a complete application,
the Planning Board shall hold a public hearing. Such hearing shall
be advertised at least once in a newspaper of general circulation
in the Village at least five days before such hearing. The applicant
shall notify by certified mail all property owners within 200 feet
of the outside perimeter of the proposed subdivision, at least five
days prior to the public hearing and shall furnish the Planning Board
with post office receipts as proof of notification.
D.
Following review of the preliminary plat and other
material submitted for conformity thereof to these regulations, and
negotiations with the subdivider on changes deemed advisable and the
kind and extent of improvements to be made by him, the Planning Board
shall, within 62 days, act thereon as submitted or modified; and if
approved, the Planning Board shall express its approval as conditional
approval and state the conditions of such approval, if any, or if
disapproved, shall express its disapproval and its reasons therefor
in the minutes of the meeting.
E.
The action of the Planning Board shall be noted on
the three copies of the preliminary plat, referenced and attached
to any conditions determined. One copy shall be returned to the subdivider,
one copy shall be filed in the Village Clerk's office and the other
retained by the Planning Board.
F.
For any subdivision or portion of subdivision, the
Planning Board will state in writing the character and extent of required
public improvements for which waivers may have been requested by the
subdivider and which, in the opinion of the Planning Board, may be
waived without jeopardy to public health, safety, morals and general
welfare or which are inappropriate because of inadequacy or lack of
connecting facilities adjacent to or in proximity to the proposed
subdivision.
G.
Approval of preliminary plat shall not constitute
approval of the final plat. Rather, it shall be deemed an expression
of approval to the layout submitted on the preliminary plat, as a
guide to the preparation of the final plat, which will be submitted
for approval of the Planning Board and for recording upon fulfillment
of the requirements of these regulations and the conditions of the
approval, if any.
H.
Approval of the preliminary plat may not be revoked
by the Planning Board unless a substantial change in the character
of the area or the availability of new information about the site
and its surroundings indicate the unsuitability of the development,
as shown on the preliminary plat. Before such revocation the subdivider
shall be informed, in writing, of the reasons therefor and shall be
given an opportunity to be heard before the Planning Board.
A.
The final plat shall conform substantially to the
preliminary plat, as approved, and, if desired by the subdivider,
it may constitute only that portion of the approved preliminary plat
which he proposes to record and develop at the time; provided, however,
that such portion conforms to all requirements of these regulations.
B.
Eight copies of the final plat and all required supplementary material as specified in Article VI, together with eight copies of the application for final approval, shall be submitted. This application, copies of the final plat and supplementary material shall be received within six months of approval of the preliminary plat.
C.
At the time of the final plat, the subdivider shall
also submit the following:
(1)
A certificate as to adequacy of the proposed water
supply and sewerage system by the New York State Department of Health
and New York State Water Resources Commission, where applicable.
(2)
A certificate by a licensed engineer that any required
improvements constructed by the subdivider have been designed and
inspected and meet the minimum standards in these regulations or as
otherwise required by law.
(3)
A performance bond, approved by the Planning Board
and Village Board as to form, sufficiency, manner of execution and
surety, for the completion of such required improvements as have not
been constructed.
(4)
Offers of cession, in a form certified as satisfactory
by the Village Attorney, of all land to be dedicated for streets,
highways, easements, parks or other public facilities.
(5)
A certified check in the amount of 1% of the cost
of the required improvements, as determined by the engineer, to meet
the costs of inspection of required improvements, unless the improvements
are to be provided by special district.
(6)
Drawings, certified by a licensed land surveyor or
engineer showing the location of such required improvements as may
have been constructed prior to final plat submission.
D.
Within 62 days of submission of the final plat and
other required material, the Planning Board shall review and act to
approve or disapprove the plat, after holding a public hearing as
required by § 7-728 of the Village Law.
(1)
For final plats in substantial agreement with preliminary
plats, 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.
The period in which the Planning Board must act may be extended by
mutual consent of the owner and the Planning Board.
(2)
For final plats not in substantial agreement with
preliminary plats, the Planning Board shall hold a public hearing
on such final plat not later than 62 days after the receipt of such
plat. The hearing shall be advertised at least once in a newspaper
of general circulation in the Village at least five days prior to
such hearing. The applicant shall notify by certified mail all property
owners within 200 feet of the outside perimeter of the proposed subdivision,
at least five days prior to the public hearing and shall furnish the
Planning Board with post office receipts as proof of notification.
(3)
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. The period in which the Planning Board must
act may be extended by mutual consent of the owner and the Planning
Board.
E.
If the final plat is approved, the Planning Board
shall make an appropriate notation to that effect on the face of the
original drawings or on the cloth prints. Three copies will be retained
by the Planning Board.
F.
Approval of the final plat shall expire within 62
days from the date of such approval unless within such sixty-two-day
period such plat shall have been duly recorded by the owner in the
office of the County Clerk. If the final submission is not filed within
this period, the approval shall expire as provided in § 7-728
of the Village Law.
G.
Within 30 days from the recording of the final plat,
the owner shall file with the Planning Board a photostatic copy of
the plat certified by the County Clerk to be a true copy of the recorded
plat.
H.
In the event of disapproval, the grounds for such
action shall be stated in the records of the Planning Board, and a
copy of such decision shall be sent to the subdivider upon request.
I.
Drawings showing the location of all required improvements
as built shall be certified by a licensed land surveyor and filed
with the Planning Board within 30 days prior to acceptance of the
improvements by the Village.
A.
Until as-built plans are filed, no performance bond
guaranteeing the completion of such improvements shall be released.
B.
Performance bonds may be changed only under provisions
of § 7-730 of the Village Law.
C.
In the event that all required improvements have not
been completed and are not acceptable to the Village Board 60 days
prior to the expiration of the term of any performance bond executed
pursuant to the provisions of § 7-730, Subdivision 9(a),
of the Village Law, the Planning Board shall arrange for the extension
of the term of the bond as provided by § 7-730 of the Village
Law as may be required to protect the interest of the municipality.
In the case of a subdivision or a resubdivision of land not adjoined by other land in the same ownership into not more than four lots and not involving any new street or easement of purpose, four copies of a deed description of the lots to be thus created plus four copies of a map showing lot dimensions, bearings, location of monuments and the relationship of the lots to the street or streets upon which they front shall be sufficient for consideration for final approval by the Planning Board. This map shall include the information required by § 255-23B(1) and (2), and this submission shall be subject to the procedural requirements of § 255-7D(3), E and F.
