Whenever any subdivision of land is proposed 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 approval of such proposed subdivision in
accordance with the procedures hereinafter specified.
A.
Prior to submitting a final plat application for a minor
subdivision or a preliminary plat application for a major subdivision, the
subdivider may submit a sketch plan for informal review by the Planning Board.
The sketch plan should show the location of the subdivision, all existing
structures, wooded areas, significant physical features, available utilities
and the proposed pattern of lots, drainage and sewer and water facilities.
B.
The Planning Board shall determine whether the sketch
plan meets the purposes of this chapter and shall inform the subdivider of
the necessary action he should take in meeting the requirements of this chapter.
A.
Application and fee.
(1)
Any owner of land shall, prior to subdividing or resubdividing land for a minor subdivision, submit an application for approval of a subdivision plat to the Secretary of the Planning Board at least 10 days prior to the next regularly scheduled meeting of the Planning Board. The plat shall conform to the requirements listed in Article V, § 186-22A.
(2)
All applications for plat approval for minor subdivisions
shall be accompanied by a fee in an amount as shall be set forth from time
to time by resolution of the Board of Trustees and as indicated on a fee schedule
on file in the office of the Village Clerk.
B.
Number of copies. The subdivider shall submit five copies
of the plat.
C.
Subdivider to attend Planning Board meeting. The subdivider
or his duly authorized representatives shall attend the meeting of the Planning
Board to discuss the subdivision plat.
D.
Public hearing. A public hearing shall be held by the
Planning Board after submission of the subdivision plat for approval. Said
hearing shall be advertised at least once in a newspaper of general circulation
at least five days before such hearing, and a notice of hearing shall be posted
in at least three prominent places at least five days before such hearing.
E.
Action on subdivision plat. The Planning Board shall,
within 62 days from the date of submission of the final plat, conditionally
approve, disapprove or grant final approval and authorize the signing of such
plat. The grounds of refusal shall be stated upon the records of the Planning
Board.
A.
Application and fee.
(1)
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 plat of the proposed subdivision, in the form described in Article V, § 186-23. 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, § 186-23, of this chapter, except where a waiver may be specifically authorized by the Planning Board.
(2)
The application for review of the preliminary plat shall
be accompanied by a fee in an amount as shall be set forth from time to time
by resolution of the Board of Trustees and as indicated on a fee schedule
on file in the office of the Village Clerk. The applicant must pay all village
engineering, administrative and inspection costs.
B.
Number of copies. Five copies of the preliminary plat
shall be presented to the Secretary of the Planning Board at least 10 days
prior to a regularly scheduled meeting of the Board.
C.
Subdivider to attend Planning Board meeting. The subdivider
or his duly authorized representatives shall attend the meeting of the Board
to discuss the preliminary plat.
D.
Study of preliminary plat. The 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 arrangements; the future development of the adjoining
lands as yet unsubdivided; and the requirements of the Master Plan, the Official
Map and zoning regulations, if such exist.
E.
Action on preliminary plat. Within 62 days after the
date of submission of the preliminary plat, the Board shall approve, with
or without modifications, or disapprove such preliminary plat. The grounds
of a modification, if any, or the grounds for disapproval shall be stated
upon the records of the Planning Board. When approving a preliminary plat,
the Board shall state in writing such modifications, if any, as it deems necessary
for submission of the plat in final form.
A.
Application and fee. Within six months of the approval
of the preliminary plat, the owner shall file with the Planning Board an application
for approval of the subdivision plat in final form. All applications shall
be accompanied by a fee in an amount as shall be set forth from time to time
by resolution of the Board of Trustees and as indicated on a fee schedule
on file in the office of the Village Clerk. The applicant must pay all village
engineering, administrative and inspection costs. If the final plat is not
submitted within six months of the approval of the preliminary plat, the Board
may revoke the approval of the preliminary plat.
B.
Number of copies. The subdivider shall provide the Secretary
of the Board with a copy of the application and three copies (one in ink on
linen or plastic) of the plat, plus the original and one true copy of all
offers of cession, covenants and agreements and two prints of all construction
drawings. These documents shall be submitted at least 10 days prior to the
regularly scheduled meeting of the Board.
C.
Endorsement of state and county agencies. Applications
for approval of plans for sewer and water facilities will be filed by the
subdivider with all necessary village, county and state agencies. Endorsement
and approval by the Livingston County Department of Health shall be secured
by the subdivider before official submission of the subdivision plat.
D.
Public hearing. After the submission of a plat in final
form, the Planning Board shall hold a public hearing, which shall be advertised
at least once in a newspaper of general circulation in the village at least
five days prior to the date of such hearing, and a notice of hearing shall
be posted in at least three prominent places at least five days prior to the
date of hearing.
E.
Action on proposed subdivision plat. The Planning Board shall, by resolution, conditionally approve, conditionally approve with or without modifications, disapprove or grant final approval of the subdivision plat. The action shall be taken within 62 days of its receipt by the Secretary of the Board. The subdivision plat shall not be signed for recording until the subdivider has complied with the provisions of § 186-11 of this chapter.
A.
Improvements and performance bond. 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 A(2) below:
(1)
In an amount set by the Board, the subdivider shall file
with the Village Clerk either a certified check to cover the full cost of
the required improvements or a performance bond to cover the full cost of
the required improvements. Any such bond shall comply with the requirements
of § 7-730 of the Village Law and shall be satisfactory to the Village
Board of Trustees and 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.
(2)
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, the
subdivider shall file with the Village Clerk a bond or certified check covering
the costs of such improvements and the cost of satisfactorily installing any
improvement not approved by the Village Engineer. Any such bond shall be satisfactory
to the Village Board and the Village Engineer as to form, sufficiency, manner
of execution and surety.
(3)
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Village Engineer and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(2), then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection A(1), such bond shall not be released until such a map is submitted.
B.
Modification of design 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 section in writing and shall transmit a
copy of such authorization to the Planning Board at its next regular meeting.
C.
Inspection of improvements. At least five days prior
to commencing construction of required improvements, the subdivider shall
notify the Village Board, in writing, of the time when he 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.
D.
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 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 §§ 186-10 and 186-11 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 officer of the Planning Board (Chairman or Acting Chairman) and may be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed or recorded within 90 days of the date upon which such plat is approved or considered approved by reason 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 90 days.
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 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 grading,
development, equipment and maintenance of any such recreation area.
