Whenever any boundary line adjustment or subdivision of land is proposed to be made, 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 the subdivider's duly authorized agent shall apply in writing for approval of such proposed subdivision or boundary line adjustment in accordance with the following procedures.
A.
Preapplication conference. A preapplication conference is required for conservation subdivisions and recommended for other major and minor subdivisions prior to submission of a sketch plan. The preapplication conference is an informal meeting, held at a regular or special meeting of the Planning Board, between the Planning Board and the applicant. The purpose of the preapplication conference is to introduce the applicant to the Village of Kinderhook's laws and policies regarding subdivisions and to review the applicant's objectives.
B.
Submission of sketch plan. Any owner of land and, in the case of a proposed boundary line adjustment, the owners of the adjacent lots shall, prior to altering a boundary line, subdividing or resubdividing land, submit to the Secretary of the Planning Board, at least 10 days prior to the regular meeting of the Board, four copies of a sketch plan of the proposed boundary line adjustment, major subdivision or minor subdivision, which shall comply with the requirements of Article V, § 110-20, for the purposes of classification and preliminary discussion.
[Amended 4-10-2002 by L.L. No. 3-2002]
C.
Discussion of requirements and classification.
(1)
The subdivider or the subdivider's duly authorized representative shall attend the meeting of the Planning Board to discuss the requirements of this chapter. For conservation subdivisions a land conservancy or trust organization should also be included in the review process at this stage.
(2)
Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor subdivision, a major subdivision or boundary line adjustment as defined in this chapter. If the sketch plan is classified as a minor subdivision or a boundary line adjustment the subdivider or the applicant for a boundary line adjustment shall then comply with the procedure outlined in § 110-5 of this chapter. If the proposal is classified as a major subdivision, the subdivider shall then comply with the procedure outlined in §§ 110-6 and 110-7 of this chapter.
(3)
Study of sketch plan. The Planning Board shall determine whether the sketch plan meets the purposes of this chapter and shall, where it deems it necessary, make specific recommendations, in writing, to be incorporated by the subdivider or applicant in the next submission to the Planning Board. The Planning Board shall also determine the maximum number of dwelling units in the subdivision allowable under § 130-9 of Chapter 130, Zoning.
A.
Boundary line adjustments.
(1)
Application.
(a)
Within six months after the Planning Board's classification of the sketch plan as a boundary line adjustment, the applicant shall submit a plat for review and approval. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan, plus any recommendations made by the Planning Board. The application shall also conform to the requirements listed in Article V, § 110-21.
(b)
The application for approval of a boundary line adjustment shall be accompanied by a fee as set from time to time by resolution of the Village Board of Trustees.
[Amended 9-10-2003 by L.L. No. 2-2003]
(c)
Applicant for boundary line adjustment to attend Planning Board meeting. The owners of the adjacent lots for which the boundaries are being adjusted or the duly authorized representatives of such owner(s) shall attend the meeting of the Planning Board to discuss the boundary line adjustment.
(d)
When officially submitted. The time of submission of the boundary line adjustment shall be considered the date of the regular monthly meeting of the Planning Board at least 10 days prior to which the application, complete and accompanied by all data required by Article V, § 110-21, of this chapter, has been filed with the Secretary of the Planning Board.
(2)
Procedure for boundary line adjustments.
(a)
Following the acceptance of the sketch plan and the classification of the plan as a boundary line adjustment, the applicant shall have prepared by a licensed surveyor or engineer, or both, new survey maps that shall comply with the requirements of Article V, § 110-21, of this Chapter 110, Subdivision of Land.
(b)
The applicant shall also have prepared deeds that reflect the proposed lot line adjustments.
(c)
The applicant shall submit five copies of the new survey maps and deeds to the Secretary of the Village Planning Board. This submission shall be made at least 10 days prior to a regularly scheduled meeting.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
Notice and hearing; decision.
(a)
The Planning Board shall hold a public hearing on the application for a boundary line adjustment. The hearing on the boundary line adjustment shall be advertised at least once in a newspaper of general circulation in the Village at least five days before such hearing. The Planning Board may provide that the hearing be further advertised in such manner as it considers most appropriate for full public consideration of the application. The hearing on the application for a boundary line adjustment shall be closed upon the motion of the Planning Board within 120 days after it has been opened.
(b)
Within 32 days of the close of the public hearing the Board shall vote and make a final determination on the application for a boundary line adjustment.
(c)
If the proposal for the boundary line adjustment is approved, the Chairperson shall stamp and sign the six copies of the survey map and shall distribute such copies as follows:
[1]
Applicant: two copies.
[2]
Planning Board Secretary: one copy.
[3]
Village Clerk: one copy.
[4]
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(3)(c)[4], requiring the submission of one copy to the Village Assessors, of the 2003 Code, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[5]
Code Enforcement Officer: one copy.
(d)
The applicant shall file the approved boundary line adjustment, maps and deeds with the Columbia County Clerk's office within 62 days of the date such information was filed with the Village Clerk.
[Amended 9-10-2003 by L.L. No. 2-2003]
B.
Minor subdivisions.
(1)
Application.
(a)
Within six months after the Planning Board's classification of the sketch plan as a minor subdivision, the subdivider shall submit a final plat for review and approval. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan, plus any recommendations made by the Planning Board. The application shall also conform to the requirements listed in Article V, § 110-21.
(b)
An application for approval of a minor subdivision shall be accompanied by a fee as set from time to time by resolution of the Village Board of Trustees. The applicant shall deposit in escrow an amount specified by the Planning Board to cover the cost of Planning Board review in accordance with Article XI, § 130-54 through 130-58 of Chapter 130, Zoning.
[Amended 9-10-2003 by L.L. No. 2-2003; 6-14-2006 by L.L. No. 3-2006]
(c)
Subdivider for minor subdivision to attend Planning Board meeting. The subdivider or duly authorized representatives of the subdivider shall attend the meeting of the Planning Board to discuss the minor subdivision plat.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(d)
When officially submitted. The time of submission of the minor subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Board at least 10 days prior to which the application, complete and accompanied by all data required by Article V, § 110-21, of this chapter, has been filed with the Secretary of the Planning Board.
(2)
Procedure for minor subdivisions; notice and public hearing.
(a)
The subdivider shall submit six copies of the final plat to the Secretary of the Planning Board. This submission shall be made at least 10 days prior to a regularly scheduled meeting.
(b)
The Planning Board shall hold a public hearing on the application for a minor subdivision. The time within which the Planning Board shall hold a public hearing on the minor subdivision plat shall be coordinated with any hearings the Planning Board may schedule pursuant to the State Environmental Quality Review Act, as follows:
[1]
If the Planning Board determines that the preparation of an environmental impact statement is not required, the public hearing shall be held within 62 days after the receipt of a complete final plat by the Secretary of the Planning Board; or
[2]
If the Planning 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 minor subdivision 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 minor subdivision plat shall be held within 62 days following filing of the notice of completion of the draft environmental impact statement.
(c)
The hearing on the minor subdivision 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 the minor subdivision plat. The hearing on the minor subdivision plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
(3)
Special provisions for minor conservation subdivisions. When the minor subdivision plat is submitted, the subdivider shall demonstrate that these three design steps were followed in determining the layout of the open space lands, homesites and property lines.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a)
Designation of open spaces. During the first step, all potential conservation areas are identified using the existing features plan. Guidance on which parts of the land to classify as conservation areas shall be based upon the following:
(b)
Location of homesites. During this second step, potential homesites are tentatively located. Tentative locations of homesites shall be prepared for the sketch plan and, later, proposed houses shown on the subdivision plat. Homesites should generally be located not closer than 50 feet to conservation areas, unless further distances are required as setbacks from wetlands by the Department of Environmental Conservation.
(c)
Lot lines. The third step is to draw in the lot lines. These are generally drawn midway between house locations and may include L-shaped flag lots meeting the Village's minimum standards for lots.
(4)
Decision on the minor subdivision plat. The Planning Board shall by resolution conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of the minor subdivision 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. The Planning Board shall be guided by the requirements and standards set forth in Article IV hereof and the Comprehensive Plan in making its decision on the application.
(5)
Approval, certification and filing of the minor subdivision plat
(a)
The Planning Board shall approve and certify the minor subdivision plat in accordance with § 7-728, Subdivision 7, of the Village Law. The decision on the minor subdivision plat shall be filed in accordance with Subdivision 9 of § 7-728 of the Village Law and the plat shall be filed in accordance with Subdivision 11 of § 7-728 of the Village Law.
(b)
Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the Columbia County Department of Health. Applications for approval of plans for sewer or water facilities will be filed by the subdivider with all necessary Village, county and state agencies. Endorsement and approval by the Columbia County Department of Health shall be secured by the subdivider before official submission of the final subdivision plat.
(c)
The Planning Board's approval is subject to the subdivider obtaining all other necessary state, county and local approvals (if any).
(d)
The subdivider shall file the approved plat with the Columbia County Clerk's office within 62 days of the date the plat was filed with the Village Clerk.
[Amended 9-10-2003 by L.L. No. 2-2003]
A.
Application and fee.
(1)
Prior to the filing of an application for the approval of a subdivision plat, the subdivider shall file an application for the consideration of a preliminary plat of the proposed subdivision, in the form described in Article V, § 110-22, hereof. This filing shall be made within six months after the Planning Board's classification of the sketch plan as a major subdivision. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. In the case of a conservation subdivision, the preliminary plat shall show existing features and primary and secondary conservation areas. Additionally, the preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 7-728 and 7-730 of the Village Law, and Article V, § 110-22, of this chapter, except where a waiver may be specifically authorized by the Planning Board.
(2)
The application for the conditional approval of the preliminary plat shall be accompanied by a fee as set from time to time by resolution of the Village Board of Trustees.
[Amended 9-10-2003 by L.L. No. 2-2003]
(3)
Number of copies. Seven copies of the preliminary plat shall be presented to the Secretary of the Planning Board at least 10 days prior to a regular monthly meeting of the Planning Board, one copy to be delivered to the Clerk of the Village Board.
[Amended 4-10-2002 by L.L. No. 3-2002; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Subdivider to attend Planning Board meeting. The subdivider or subdivider's duly authorized representative shall attend the meeting of the Planning Board to discuss the preliminary plat.
C.
Study of 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, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided, and the requirements of the Comprehensive Plan, the Official Map and the zoning regulations, if such exist, and Chapter 130, Zoning.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
Special provisions for major conservation subdivisions. When the major subdivision plat is submitted, the subdivider shall demonstrate that these four design steps were followed in determining the layout of their proposed streets, house lots, and open space lands.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
Designation of open spaces. During the first step, all potential conservation areas are identified using the existing features plan. Guidance on which parts of the land to classify as conservation areas shall be based upon the following:
(2)
Layout of streets. The second step consists of aligning proposed streets to provide vehicular access to each house in the most reasonable and economical way. When lots and access streets are laid out, they shall be located in a way that avoids or minimizes adverse effects on the conservation areas. Street layout requirements of § 110-13 shall be followed.
(3)
Location of homesites. During this third step, potential homesites are tentatively located. Tentative locations of homesites shall be prepared for the sketch plan and, later, proposed houses shown on the subdivision plat. Homesites should generally be located not closer than 50 feet to conservation areas, unless further distances are required as setbacks from wetlands by the Department of Environmental Conservation.
(4)
Lot lines. The fourth step is to draw in the lot lines. These are generally drawn midway between house locations and may include L-shaped flag lots meeting the Village's minimum standards for lots.
E.
Official submission of preliminary plat. The time of submission of the preliminary plat shall be considered to be the date of the regular monthly meeting of the Planning Board at least 10 days prior to which the application for conditional approval of the preliminary plat, complete and accompanied by the required fee and all data required by Article V, § 110-22, of this chapter, has been filed with the Secretary of the Planning Board.
F.
Public hearing; notices.
(1)
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:
(a)
If the Planning 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
(b)
If Planning 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.
(2)
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.
G.
Decision on preliminary plat.
(1)
Decision. The Planning Board shall approve, with or without modification, or disapprove such preliminary plat as follows:
(a)
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
(b)
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 agreement 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.
(2)
Grounds for decision. The grounds for any decision shall be stated upon the records of the Planning Board and contain a reasoned elaboration for the decision. 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, including:
(a)
The character and extent of the required improvements for which waivers may have been requested and which, in its opinion, may be waived without jeopardy to the public health, safety, morals and general welfare.
(b)
The amount of improvements or the amount of all bonds therefor which it will require as prerequisite to the approval of the subdivision plat.
(3)
The action of the Planning Board, plus any modification attached thereto, shall be noted on three copies of the preliminary plat. One copy shall be returned to the subdivider, one retained by the Planning Board and one forwarded to the Village Board. Conditional approval of a preliminary plat shall not constitute approval of the subdivision plat, but rather it shall be deemed an expression of approval of the design 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 this chapter and the conditions of the conditional approval, if any.
A.
Application for approval and fee. The subdivider shall, within six months after the conditional approval of the preliminary plat, file with the Planning Board an application for approval of the subdivision plat in final form, using the approved application blank available from the Secretary of the Planning Board. All applications for final plat approval for subdivisions shall be accompanied by a fee as set from time to time by resolution of the Village Board of Trustees. If the final plat is not submitted within six months after the conditional approval of the preliminary plat, the Planning Board may refuse to approve the final plat and require resubmission of the preliminary plat.
[Amended 9-10-2003 by L.L. No. 2-2003]
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 Planning Board with eight prints of the plat, the original and one true copy of all offers of cession, covenants and agreements, and four prints of all construction drawings, if required, at least 10 days in advance of the regular monthly Planning Board meeting at which it is to be officially submitted.
C.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Board at least 10 days prior to which the application for approval of the subdivision plat, complete and accompanied by the required fee and all the data required by Article V, § 110-23, of this chapter, has been filed with the Secretary of the Planning Board.
D.
Water and sewer. Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the Columbia County Department of Health. Applications for approval of plans for sewer or water facilities will be filed by the subdivider with all necessary Village, county and state agencies. Endorsement and approval by the Columbia County Department of Health shall be secured by the subdivider before official submission of the final subdivision plat.
E.
Public hearing when final plat is not in substantial agreement with approved preliminary plat. The Planning Board shall hold a public hearing on the final plat when the final plat is not in substantial agreement with the approved preliminary plat in accordance with the public notice requirements of § 7-728, Subdivision 6, Paragraph (d), of the Village Law of the State of New York. Where the Planning Board is lead agency under the State Environmental Quality Review Act, the public hearing shall be noticed and held in accordance with § 7-728, Subdivision 6, Paragraph (d)(i)(1) of the Village Law of the State of New York. Where the Planning Board determines that the final plat is in substantial agreement with the approved preliminary plat, there shall be no public hearing on the final plat.
F.
Action on final subdivision plat. The Planning Board shall, within the periods provided by § 7-728, Subdivision 6, Paragraph (b), of the Village Law of the State of New York where the Planning Board determines that the final plat is in substantial agreement with the approved preliminary plat, or within the periods provided by § 7-728, Subdivision 6, Paragraph (d), of the Village Law of the State of New York where the Planning Board determines that the final plat is not in substantial agreement with the approved preliminary plat, approve, modify and approve, or disapprove the subdivision plat. However, the subdivision plat shall not be signed by the authorized officers of the Planning Board for recording until the subdivider has complied with the provisions of § 110-8 of this article.
G.
The Planning Board's approval is subject to the subdivider obtaining all other necessary state, county and local approvals (if any).
A.
Improvements and performance bond or other security. Before the Planning Board grants final approval of the subdivision plat, the subdivider shall file with the Village Clerk either a certified check or a performance bond or an irrevocable letter of credit or an obligation of the United States of America to cover the full cost of the required improvements. The Planning Board shall determine the amount of the security. Additionally, any such security shall comply with requirements of § 7-730 of Village Law and shall be satisfactory to the Village Attorney and Village Board as to form, sufficiency, manner of execution, and surety. A period of one year (or other period as the Planning Board may determine appropriate, not to exceed three years) shall be set forth in the security within which required improvements must be completed.
[Amended 4-10-2002 by L.L. No. 3-2002]
B.
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 make it necessary or preferable to modify the location or design of such required improvements, the Village Engineer may, upon approval by a previously delegated member of the Planning Board, authorize modifications, provided that 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 subsection, in writing, and shall transmit a copy of such authorization to the Planning Board at its next regular meeting. Such modifications shall be shown, to the satisfaction of the Village Engineer, on the as-built plans provided to the Village by the subdivider upon the completion of construction.
C.
Inspection of improvements. At least five business days prior to commencing construction of required improvements, there shall be a preconstruction meeting of the developer, contractor, Village Engineer, Planning Board liaison and other officials or consultants as designated by the Village Board of Trustees. The subdivider shall pay to the Village Clerk the initial inspection fee required by the Village Board and shall notify the Village Board, in writing, of the time when the subdivider proposes to commence construction of such improvements so that the Village Board may 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. The initial inspection fee shall be determined by multiplying the hourly fee times the number of hours estimated for inspection. The hourly fee and the number of hours estimated for inspection shall be determined by the Village Board. Upon completion of improvements, the developer shall pay any additional costs of inspection above the initial inspection fee, at the hourly rate previously agreed upon. The performance bond shall not be released by the Village Board until all inspection fees are paid.
[Amended 6-14-2006 by L.L. No. 3-2006]
D.
Proper installation of improvements. The Village Engineer shall inspect the improvements performed 30 days before expiration of date of any performance bond. 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, the Engineer shall so report to the Village Board, Code Enforcement Officer and Planning Board. The Village Board shall then 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. Upon completion of the requirements in § 110-8 above and notation to that effect upon the subdivision plat, the Planning Board shall pass a resolution granting final approval to the plat. In accordance with § 7-728, Subdivision 7, of the Village Law of the State of New York, within five business days of the adoption of a resolution granting final approval of the plat, the plat shall be properly signed by the appropriate officer of the Planning Board (Chair or Acting Chair). Three copies of the approved final plat shall be retained by the Planning Board, one of which shall be filed with the Village Clerk. The other four copies shall be returned to the subdivider, including two copies for the County Clerk. The subdivider shall file the approved plats in the office of the County Clerk. Any subdivision plat not so filed or recorded within 62 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, which shall not exceed two additional periods of 62 days.
[Amended 9-10-2003 by L.L. No. 2-2003]
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 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 Village Board covering future deed and title, dedication and provision for the cost of the grading, development, equipment and maintenance of any such recreation area.