When any subdivision of land is proposed to
be made and before any contract for the sale of land or any offer
to sell such subdivision or part thereof is made or any grading, clearing,
construction or other improvement is undertaken therein, the subdivider
shall apply to the Planning Board for approval.
A.
Previous to the filing of an application for conditional approval of the preliminary layout of the proposed subdivision, the subdivider shall submit to the Board plans in quadruplicate and data as specified in Article III of these regulations.
B.
Within 30 days the Board shall inform the subdivider
that the plans and data as submitted or as modified do or do not meet
the objectives of these regulations. When the Board finds that the
plans and data do not meet the objectives of these regulations, it
shall express its reasons therefor to the subdivider.
C.
If the Planning Board determines that the proposed subdivision is a minor subdivision as defined in § A125-3, it shall notify the subdivider accordingly. The Planning Board may grant final approval to minor subdivisions after the preapplication procedure has been completed, a public hearing has been held and information required under Article III, § A125-11, has been submitted.
B.
Six copies of the preliminary layout and supplementary
material specified shall be submitted to the Board for preliminary
approval. On receipt of such documents in proper form, the Board shall
fix a date for public hearing on the proposed subdivision.
C.
The applicant shall send notice of the public hearing,
stating the date, place and substance of the hearing, to all owners
of property abutting the proposed subdivision and directly across
any adjoining street as the names of said owners appear on the last
complete assessment roll of the Village. Such notice shall be sent
by certified mail, return receipt requested, and the Board may inspect
such receipts so as to assure proper notifications. Said notice is
to be mailed not less than eight days prior to the hearing. Not less
than five days prior to the public hearing, notice of same shall be
given by the Board by publication in the official newspaper, and a
copy of the preliminary layout shall be posted in the Village Hall
for public inspection. Notice of hearing shall be posted to the public
in four conspicuous places not less than five days prior to the public
hearing. The publication and posting shall be by the Village, and
mailing shall be by the applicant. The applicant shall file, with
the Board, prior to or at the time of the hearing, an affidavit of
compliance to which will be attached both the mailing receipts and
return receipts.
D.
Within 45 days following the public hearing on the
proposed subdivision, the Planning Board shall:
(1)
Submit a copy of the proposed subdivision to the Road
Superintendent and Engineer for their review and comment.
(2)
Review the preliminary layout and supplementary material
for conformity with these regulations.
(3)
Act to accept, amend or reject the plans as submitted
and advise the subdivider of such actions and reasons therefor.
E.
The action of the Board shall be noted on two copies
of the preliminary layout, referenced and attached to any conditions
determined. One copy shall be returned to the subdivider and the other
retained by the Board.
F.
Approval of the preliminary layout does not constitute
approval of the final plat. Rather, it shall be deemed an expression
of approval to the layout submitted on the preliminary layout as a
guide to the preparation of the final plat, which will be submitted
for approval of the Board and for recording upon fulfillment of the
requirements of these regulations.
G.
After receiving approval of the preliminary layout
and the approval of the State Department of Health where necessary,
the subdivider may enter into tentative contracts for the sale of
any lot within the subdivision, such contracts to be made subject
to final approval of the plat by the Board. Upon written authorization
from the Board specifying the particular lot or lots to which it is
applicable, one or more buildings may be constructed on lots fronting
public streets before final approval of the subdivision plat, provided
that the State Department of Health, where necessary, has approved
the plat.
A.
Within six months after the date of the preliminary
approval by the Board, the subdivider shall submit the original drawing
on tracing cloth and six copies of the final plat of the preliminary
layout or substantial portion thereof and other required exhibits
for final approval; otherwise, such conditional approval shall be
null and void unless an extension of time is applied for and granted
by the Board. If the subdivider fails to submit any further portions
within a period of three years, then the conditional approval shall
be null and void.
B.
The final plat shall conform substantially to the
preliminary layout as approved, and, if desired by the subdivider,
it may constitute only that portion of the approved preliminary layout
which he proposed to record and develop at the time; provided, however,
that such portion conforms to all requirements of these regulations.
C.
Within 45 days from the date of submission of the
final plat, the Board shall approve, modify and approve as modified
or refuse to approve such plat and shall specify in writing its reasons
for any such refusal. No approval shall be deemed final unless the
subdivider has completed all the improvements in said final plat and
complied with all other requirements of the Board in regard thereto
or in lieu therefor has furnished the Village with a performance bond
as hereinafter provided.
