All plans, applications and supporting data
shall be submitted to the building official who shall check their
compliance with this chapter. The building official shall then take
any action required under this chapter and shall transmit the plans
to the Planning Board for review and action. The official date of
the submission shall in all cases be recorded as the next regularly
scheduled meeting date of the Planning Board after receipt by the
building official.
A. Sketch plan. The subdivider may submit two copies of a sketch plan and supporting data in accordance with the requirements of Article
V. This plan shall be for the purpose of establishing in advance the overall objectives of the subdivider, the extent to which the proposed subdivision conforms with the design standards and other provisions of this chapter, and to determine any possible problems which will require special action on the part of the Planning Board or the subdivider. The Planning Board shall act on such a plan and shall transmit a record of its action in writing to the subdivider within 30 days after the official date of submission.
B. Preliminary plan.
[Amended 7-26-1977]
(1) The subdivider may submit eight copies of a preliminary plan and supporting data in accordance with the requirements of Article
V. The purpose of this plan shall be to establish more precisely the overall proposed layout of the subdivision, its conformance with the design standards and the proposed physical improvements which will be required to be installed by the subdivider or which may be waived by the Planning Board and to further establish the overall conformance of the subdivision with this chapter. The Planning Board shall follow the procedures of Village Law § 7-728, Subdivision 5, to approve, approve with conditions or disapprove the preliminary plan.
[Amended 1-8-2002 by L.L. No. 1-2002]
(2) The action taken by the Planning Board shall be noted
on the copies of the approved preliminary plan in the form of a conditional
approval or of a disapproval and shall include a statement on any
waivers granted for any required public improvements. The conditional
approval by the Planning Board shall serve as a guide to the subdivider
for the preparation of the final plan. Such conditional approval may
not be revoked by the Planning Board unless a substantial change in
information concerning the plan or the character of the area takes
place. However, the conditional approval shall expire within six months
if a final plan is not submitted, unless an extension of such conditional
approval is granted by the Planning Board. The Planning Board may,
if requested in writing by the subdivider, allow two extensions for
a period of 90 days each for the submission of the final plan.
C. Final plan.
(1) The subdivider shall submit eight copies of a final plan and all supporting data in accordance with the requirements of Article
V. Such a plan shall conforming with the requirements of this chapter and shall incorporate all recommendations contained in any conditional approval of a preliminary plan, except that the subdivider may submit only a section of the preliminary plan which he proposes to develop and record at any one time.
(2) The Planning Board shall follow the procedures of
Village Law § 7-728, Subdivision 6, to approve, approve
with conditions or disapprove the final plan. After the approval of
the final plan, the Planning Board shall endorse its approval on two
copies of the final plan and shall return one such endorsed copy to
the subdivider. In the event of disapproval, the subdivider shall
be notified in writing with the reasons for disapproval stated.
[Amended 7-26-1977; 1-8-2002 by L.L.
No. 1-2002]
(3) After the public hearing but prior to granting final
approval, the Planning Board may permit the final plan to be subdivided
into two or more sections and may impose such conditions upon the
filing of the sections as it may deem necessary to assure the orderly
development of the plat. The approval of such sections may be made
concurrently with the approval of the final plan.
D. Recording of approved final plan.
[Amended 1-8-2002 by L.L. No. 1-2002]
(1) The approval of the final plan or of an approved section
of the final plan shall expire in 62 days if such final plan or section
thereof shall not have been filed or recorded by the subdivider in
the office of the County Clerk in accordance with § 7-728
of the Village Law.
(2) If the subdivider elects to file only a section of
an approved final plan within the sixty-two-day period, the section
shall encompass at least 10% of the total number of lots contained
in the approved final plan and the approval of the remaining sections
shall expire unless recorded within a three-year period. In the event
that the subdivider does not record all of the approved sections in
the County Clerk's office within the sixty-two-day period, then the
entire final plan shall be filed with the Village Clerk/Treasurer
within 30 days of the recording of any section at the office of the
County Clerk.
The Planning Board may grant the following modifications
and variances subject to such conditions which will, in its judgment,
secure substantially the objectives of the standards or requirements
so varied or modified:
A. Modification of plan requirements for small subdivisions. In the case of a small subdivision, the final plan requirements may be waived by the Planning Board as specified in §
83-23.
B. Hardship. The Planning Board may grant a variance
to the provisions contained herein where, by reason of the size or
exceptional shape of a specific piece of property, or where, by reason
of exceptional topographic conditions, the strict application of this
chapter would result in extreme practical difficulties and undue hardship
upon the owner of such property; provided, however, that such relief
may only be granted without detriment to the public good and without
substantially impairing the intent and purposes of this chapter.
C. Large-scale and cluster developments. The standards
and requirements of this chapter may be modified by the Planning Board
in the case of plans for complete communities or neighborhood units,
cluster-type developments as may be permitted in the Zoning Ordinance
or other large-scale developments which, in the judgment of the Planning
Board, achieve substantially the objectives of the regulations contained
herein and which are further protected by such covenants or other
legal provisions as will assure conformity to and achievement of the
plan.
D. Modification of required improvements. The Planning Board may, subject to appropriate conditions, waive the provisions of any or all of the required improvements specified in Article
IV, which in its opinion are not required in the interest of the public health, safety and general welfare or which are inappropriate because of the inadequacy of connecting facilities.
E. Procedure for applying. Applications for modifications
and variances shall be submitted in writing by the subdivider at the
time the preliminary plan or final plan is filed with the Planning
Board. The application shall state fully the grounds and all the facts
relied upon by the applicant.
Any subdivider, aggrieved by a finding, decision
or recommendation of the Planning Board or the building official,
may request and may receive an opportunity to appear before that Board
to present additional relevant information and to request reconsideration
of the original finding, decision or recommendation.
This chapter may, from time to time, be revised,
modified or amended as prescribed by local and state laws.
The Planning Board shall keep a record of its
findings, decisions and recommendations relative to all subdivision
plans filed with it for review and it shall also keep a record of
its actions and the grounds for granting a modification or variance.
In the interpretation and the application of
the provisions of this chapter, such provisions shall be held to be
the minimum requirements for the promotion of the health, safety,
morals and general welfare. In general, the provisions contained herein
shall apply to residential subdivisions. Standards applying to commercial
and industrial subdivisions shall be subject to individual review
and determination in each case.