Village of Coxsackie, NY Article II Minor and Major Subdivision Approval

§ 132-3 Written application required.

A. Whenever any 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 his duly authorized agent shall apply, in writing, for approval of such proposed subdivision in accordance with the following procedures.

B. Lot line adjustments. The Village Planning Board, upon final approval of the Village Board, shall establish the required criteria to be included in an application for a lot line adjustment. An application for a lot line adjustment shall be signed by the owners of all parcels affected by the lot line change or by their duly authorized representative.

§ 132-4 Sketch plan.

A. Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Clerk of the Planning Board, at least 10 days prior to the regular meeting of the Board, two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article IV, § 132-19, for the purposes of classification and preliminary discussion.

B. Discussion of requirements and classification. The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the requirements of these regulations for street improvements, drainage, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information. Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor or major subdivision, as defined in these regulations. The Board may require, however, when it deems it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in Article II, § 132-5, of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article II, §§ 132-6, 132-7 and 132-8.

C. Study of sketch plan. The Planning Board shall determine whether the sketch plan meets the purposes of these regulations and shall, where it deems it necessary, make specific recommendations, in writing, to be incorporated by the applicant in the next submission to the Planning Board.

D. State Environmental Quality Review (SEQRA) Classification. During sketch plan review, the Planning Board shall make a preliminary classification of the action as unlisted, Type 1 or Type 2, and advise the subdivider on the appropriate SEQRA environmental assessment form (EAF) to be submitted during the formal application process. General guidelines to determine if the short or full EAF should be completed are:

(1) Full environmental assessment form. Use if the subdivision meets any of the criteria for a Type 1 action in 6 NYCRR 617.4 or the Planning Board has concerns about the project's scale or the site's environmental constraints such as wetlands, streams, steep slopes, proximity to historic sites, etc.

(2) Short environmental assessment form. Use if the subdivision does not meet any of the criteria for a Type 1 action in 6 NYCRR 617.4 and the Planning Board has no concerns about the project's scale or the site's environmental constraints.

§ 132-5 Minor subdivision approval.

A. Application and fee. Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a subdivision plat. Failure to do so shall require resubmission 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. Said application shall also conform to the requirements listed in Article IV, § 132-20. All applications for plat approval for minor subdivisions shall be accompanied by the required application fee as periodically set by resolution of the Village Board, and the appropriate SEQR environmental assessment form as determined during sketch plan review.

B. Number of copies. Five copies of the subdivision plat shall be presented to the Clerk of the Planning Board at the time of submission of the subdivision plat.

C. Subdivider to attend Planning Board meeting. The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the subdivision plat.

D. Receipt of complete minor subdivision plat. A minor subdivision plat shall not be considered complete until a negative declaration has been filed or a notice of completion of a draft environmental impact statement (EIS) has been filed in accordance with the provisions of SEQRA. The time periods for review of a minor subdivision plat begin upon filing of such negative declaration or notice of completion.

E. Public hearing.

(1) A public hearing shall be held by the Planning Board within 62 days from the receipt of a complete minor subdivision plat. Said hearing shall be advertised in a newspaper of general circulation in the Village at least five business days before such hearing. If the Planning Board determines that an EIS is required and a joint public hearing is to be held, notice of the hearing shall be published at least 14 days before such hearing. The hearing on the minor subdivision plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.

(2) The applicant is responsible for mailing notices of the public hearing to landowners of all abutting property and those whose property is located within 500 feet of the subject parcel, so that the notice is received at least 10 days prior to the public hearing. Notices must be sent return receipt, and the green return cards must be filed with the Planning Board prior to the public hearing.

(3) Pursuant to General Municipal Law § 239-nn, if a subdivision plat involves property located within 500 feet of a municipal boundary, a copy of the public hearing notice shall be provided to the clerk of the adjoining municipality at least 10 days prior to the hearing.

F. Action on minor subdivision plat.

(1) The Planning Board shall, within 62 days from the close of the public hearing, act to conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of the subdivision plat. This time may be extended by mutual consent of the subdivider and the Planning Board. Failure of the Planning Board to act within such time shall constitute approval of the plat. The grounds for a modification, if any, or the grounds for disapproval shall be stated in the records of the Planning Board.

(2) If the project requires an environmental impact statement, the sixty-two-day time frame is modified. If the Planning Board is acting as lead agency, it must issue a findings statement and make a decision within 30 days of the filing of the final EIS. If the Planning Board is not the lead agency, it must act within 62 days of the close of the public hearing or within 30 days of the adoption of findings by the lead agency, whichever period is longer.

(3) Upon granting conditional or final approval with or without modification to the plat, the Planning Board shall empower a duly authorized officer to sign the plat upon compliance with any such conditions and requirements as may be stated in its resolution of approval. Within five business days of the resolution granting conditional or final approval, the plat shall be certified by the Clerk of the Planning Board as having been granted conditional or final approval, a copy of the plat and resolution shall be filed in said clerk's office, and a certified copy of the resolution shall be mailed to the subdivider and filed in the office of the Village Clerk. The copy mailed to the subdivider shall include a certified statement of any such requirements which, when completed, will authorize the signing of the plat. Upon completion of all such requirements, the plat shall be signed by the duly designated officer of the Planning Board and filed in the office of the Village Clerk. Conditional approval of a plat shall expire 180 days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature if, in its opinion, such extension is warranted in the circumstances, for not to exceed two additional periods of 90 days each.

§ 132-6 Submission of preliminary plat for major subdivision.

A. Application and fee. 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 IV, § 132-21, hereof. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of the Village Law of the State of New York and Article IV, § 132-21, of these regulations, except where a waiver may be specifically authorized by the Planning Board. The application for condition approval of the preliminary plat shall be accompanied by the required application fee as periodically set by resolution of the Village Board, and the appropriate SEQR environmental assessment form as determined during sketch plan review.

B. Number of copies. Five copies of the preliminary plat shall be presented to the Clerk of the Planning Board at least 10, days prior to a regular meeting of the Planning Board.

C. Subdivider to attend Planning Board meeting. The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the preliminary plat.

D. 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 zoning regulations.

E. Receipt of complete preliminary plat. A preliminary plat shall not be considered complete until a negative declaration has been filed or a notice of completion of a draft environmental impact statement (EIS) has been filed in accordance with the provisions of SEQRA. The time periods for review of a preliminary plat begin upon filing of such negative declaration or notice of completion.

F. Public hearing.

(1) Within 62 days after the receipt of a complete preliminary plat by the Clerk of the Planning Board, the Planning Board shall hold a public hearing, which hearing shall be advertised at least once in a newspaper of general circulation in the Village at least five business days before such hearing. If the Planning Board determines that an EIS is required and a joint public hearing is to be held, notice of the hearing shall be published at least 14 days before such hearing. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.

(2) The applicant is responsible for mailing notices of the public hearing to landowners of all abutting property and those whose property is located within 500 feet of the subject parcel, so that the notice is received at least 10 days prior to the public hearing. Notices must be sent return receipt, and the green return cards must be filed with the Planning Board prior to the public hearing. 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.

(3) Pursuant to General Municipal Law § 239-nn, if a subdivision plat involves property located within 500 feet of a municipal boundary, a copy of the public hearing notice shall be provided to the clerk of the adjoining municipality at least 10 days prior to the hearing.

G. Action on preliminary plat.

(1) Within 62 days after the close of such hearing, the Planning Board shall approve, with or without modification, or disapprove the preliminary plat. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. When so approving a preliminary plat, the Planning Board shall state, in writing, such modifications, if any, as it deems necessary for submission of the plat in final form. Within five business days of the approval of such preliminary plat, it shall be certified by the Clerk of the Planning Board as granted preliminary approval, and a copy of the plat and resolution shall be filed in said clerk's office, and a certified copy of the resolution shall be mailed to the subdivider and filed in the office of the Village Clerk.

(2) If the project requires an environmental impact statement the sixty-two-day time frame is modified. If the Planning Board is acting as lead agency, it must issue a findings statement and act on the preliminary plat within 30 days of the filing of the final EIS. If the Planning Board is not the lead agency, it must act within 62 days of the close of the public hearing or within 30 days of the adoption of findings by the lead agency, whichever period is longer.

(3) Failure of the Planning Board to act within such prescribed time periods shall constitute approval of the preliminary plat unless an extended period has been established by mutual consent of the subdivider and Planning Board.

(4) When granting approval to a preliminary plat, the Planning Board shall state the terms of such approval, if any, with respect to the modifications to the preliminary plat, 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 and the amount of improvement or the amount of all bonds therefor which it will require as prerequisite to the approval of the subdivision plat. 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 plat which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations. Prior to the approval of the subdivision plat, the Planning Board may require additional changes as a result of further study of the subdivision in final form or as a result of new information obtained at the public hearing.

§ 132-7 Submission of final plat for major subdivision.

A. Application for approval and fee. The subdivider shall, within six months after the 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 form available from the Clerk of the Planning Board. All applications for plat approval for major subdivisions shall be accompanied by the required application fee as periodically set by resolution of the Village Board. If the final plat is not submitted within six months after the approval of the preliminary plat, the Planning Board may refuse to approve the final plat and require resubmission of the preliminary plat.

B. Number of copies. A subdivider intending to submit a proposed subdivision plat for the approval of the Planning Board shall provide the Clerk of the Board with a copy of the application and three copies (one copy printed on mylar) of the plat, the original and one true copy of all offers of cession, covenants and agreements and two prints of all construction drawings.

C. When officially submitted. The time of submission of the final subdivision plat shall be considered to be the date on which the application for approval of the final subdivision plat, complete and accompanied by the required fee and all data required by Article IV, § 132-22, of these regulations, has been filed with the Clerk of the Planning Board.

D. Endorsement of state and county agencies. Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the New York State 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.

E. Public hearing.

(1) Within 62 days of the submission of a plat in final form for approval, a hearing shall be held by the Planning Board. This hearing shall be advertised at least once in a newspaper of general circulation in the Village at least five business days before such hearing. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened. However, if the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § 132-6 of this article, and modified in accordance with requirements of such approval if such preliminary plat has been approved with modification, the Planning Board may waive the requirement for such public hearing.

(2) If a public hearing is held, the applicant is responsible for mailing notices of the public hearing to landowners of all abutting property and those whose property is located within 500 feet of the subject parcel, so that the notice is received at least 10 days prior to the public hearing. Notices must be sent return receipt, and the green return cards must be filed with the Planning Board prior to the public hearing.

(3) Pursuant to General Municipal Law § 239-nn, if a subdivision plat involves property located within 500 feet of a municipal boundary, a copy of the public hearing notice shall be provided to the clerk of the adjoining municipality at least 10 days prior to the hearing.

F. Action on proposed subdivision plat.

(1) 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 close of the public hearing, or the submission of the final plat if the public hearing was waived. This time may be extended by mutual consent of the subdivider and the Planning Board. Failure to take action on a final plat within the time prescribed therefor shall be deemed approval of the plat. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.

(2) Upon resolution of conditional or final approval of such final plat, the Planning Board shall empower a duly authorized officer to sign the plat upon completion of any such requirements as may be stated in the resolution. Within five business days of such resolution, the plat shall be certified by the Clerk of the Planning Board as having been granted conditional or final approval, and a copy of the resolution and plat shall be filed in said clerk's office, and a certified copy of the resolution shall be mailed to the subdivider and filed in the office of the Village Clerk. The copy mailed to the subdivider shall include a certified statement of any requirements which, when completed, will authorize the signing of the conditionally approved final plat. Upon completion of all such requirements, the plat shall be signed by said duly authorized officer of the Planning Board, and a copy shall be filed in the office of the Planning Board Clerk. Conditional approval of a final plat shall expire 180 days after the date of the resolution granting final approval unless the requirements have been certified as completed within that time. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature if, in its opinion, such extension is warranted in the circumstances, for not to exceed two additional periods of 90 days each.

§ 132-8 Required improvements.

A. Improvements and performance bond.

(1) Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1)(a) or (b) below:

(a) In an amount set by the Planning Board, the subdivider shall either file with the Village Clerk a certified check to cover the full cost of the required improvements or the subdivider shall file with the Village Clerk a performance bond to cover the full cost of the required improvements. Any such bond shall comply with the requirements of the Village Law of the State of New York and shall be satisfactory to the Village Board and 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 time required improvements must be completed.

(b) 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 satisfactory installing any improvement not approved by the Village Engineer. Any such bond shall be satisfactory to the Village Board and Village Engineer as to form, sufficiency, manner of execution and surety.

(2) 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(1)(b), 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)(a), such bond shall not be released until such a map is submitted.

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 improvement, 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 bond. 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 business days prior to commencing construction of required improvements, the subdivider shall pay to the Village Clerk the inspection fee required by the Village Board and 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. The inspection fee shall be in a minimum amount of 3% of the required improvement as set forth in Article II, § 132-8A(1)(a). Any of such funds not expended for improvements shall be returned to the subdivider.

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, Building Inspector 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.

§ 132-9 Filing of approved major subdivision plat.

A. Final approval and filing. Upon completion of the requirements in §§ 132-7 and 132-8 above and notation to that effect upon the subdivision plat, such plat shall be deemed to have final approval and shall be properly signed by the duly designated officer of the Planning Board and may be filed by the applicant 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 be null and void.

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.

§ 132-10 Streets and recreation areas.

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.