Whenever any subdivision or resubdivision of land in the Village
of Bath is proposed, the subdividing owner or his authorized agent
shall apply for and secure approval of such proposed subdivision before
any contract for the sale of any part thereof is made and before any
permit for the erection of a structure in such proposed subdivision
shall be granted. Approval of a proposed subdivision shall be obtained
in accordance with the procedure specified in this article.
[Amended 4-30-1979 by L.L. No. 12-1979]
Before filing an application and before preparing a preliminary plat pursuant to § 99-8, the applicant should:
A.
Meet with the Planning Board to discuss his intentions and to determine the Board's requirements. He should present a vicinity map, sketch plan and general information as specified in § 99-27.
B.
Determine the requirements of the State Health Department, whose
approval is required by this chapter, and which must eventually approve
any subdivision plat coming within its jurisdiction.
C.
Determine the classification of the subdivision as a minor subdivision
or major subdivision.
(1)
If the subdivision is classified and approved by the Planning Board
as a minor subdivision, a notation to that effect will be made on
the sketch plan. No further submissions of documents to the Planning
Board shall be required by the subdivider. The minor subdivision shall
be filed with the County Clerk within 90 days of such classification,
or the approval shall be null and void.
(2)
If the minor subdivision has frontage on, access to or is otherwise
directly related to any county road existing or proposed, as shown
on the County Official Map, the Planning Board shall take appropriate
action in accordance with § 239-k of the General Municipal
Law.[1]
[1]
Editor's Note: General Municipal Law § 239-k was
repealed by L.1997, c. 451, § 2, effective 7-1-1998. See
now General Municipal Law § 239-f.
(3)
If the subdivision is classified as a major subdivision, the subdivider
shall comply with all the other applicable sections of this chapter.
[Amended 4-30-1979 by L.L. No. 12-1979]
Prior to filing an application for the approval of a subdivision
plat, the applicant shall file an application for the approval of
a preliminary plat. The application shall:
A.
Be made on forms available at the office of the Village Clerk.
B.
Include all land which the applicant proposes to subdivide.
E.
Be submitted to the Chairman of the Planning Board or the Village
Clerk.
F.
Be accompanied by a fee of $10 per lot, with a minimum fee of $50,
made payable to the Village of Bath.
[Amended 4-30-1979 by L.L. No. 12-1979]
The Planning Board will carefully study the practicability of the preliminary plat, taking into consideration the requirements of the community, the best use of the land being subdivided and the policy set forth in § 99-3. Particular attention will be given to the proposed arrangement, location and width of streets; the relation of proposed streets to the topography of the land; sewage disposal; drainage; proposed lot sizes, shape and layout; future development of adjoining lands as yet unsubdivided; the requirements of the Village Plan and the Official Map as they may be adopted; and matters enumerated in § 179-l of the Village Law.[1]
[1]
Editor's Note: See now § 7-730 of the Village
Law.
[Amended 4-30-1979 by L.L. No. 12-1979]
The applicant should be prepared to attend a regular meeting
of the Planning Board to discuss the preliminary plat and the Board's
tentative conclusions.
[Amended 4-30-1979 by L.L. No. 12-1979]
After discussion of the preliminary plat, the Planning Board
shall, within 45 days, advise the applicant in writing of the specific
changes it will require in the plat and the character and extent of
improvements and reservations which it will require as a prerequisite
to approval of the subdivision plat to be submitted subsequently.
This shall constitute conditional approval of the preliminary plat.
Such conditional approval shall automatically expire after six months
unless extended by formal action of the Planning Board.
[Amended 4-30-1979 by L.L. No. 12-1979]
Within six months after conditional approval of the preliminary
plat is granted, the applicant shall file with the Planning Board
an application for approval of a subdivision plat. The application
shall:
A.
Be made on forms provided by the Planning Board at the time conditional
approval of the preliminary plat was granted.
B.
Include the entire subdivision or a section thereof which derives
access from a street improved to Village standards or for which street
a bond covering such improvement is held by the Village.
D.
Comply in all respects with the preliminary plat as conditionally
approved.
F.
Be presented to the Chairman of the Planning Board at least two weeks
prior to a regular meeting of the Board.
A.
Before the Planning Board acts on any subdivision plat, it shall
hold a public hearing thereon, in accordance with § 179-k
of the Village Law.[1] The plat shall be in final and complete form before such
public hearing shall be scheduled. The hearing shall be advertised
in a newspaper of general circulation in the Village at least five
days before such hearing.
[Amended 4-30-1979 by L.L. No. 12-1979]
[1]
Editor's Note: See now § 7-728 of the Village
Law.
B.
The proposed subdivision plat shall be properly endorsed by the State
Health Department as meeting the standards of the State Sanitary Code
before any public hearing is scheduled.
[Amended 4-30-1979 by L.L. No. 12-1979]
Within 60 days after the date of submission of the final plat
and after careful study and the required public hearing, the Planning
Board shall approve, modify or disapprove such plat and shall advise
the applicant, in writing, of its decision. The grounds for disapproval
of any plat shall be stated on the records of the Planning Board.
A.
Every subdivision plat approved by the Board shall carry a written
endorsement of the Planning Board signed by the Chairman. In the absence
of the Chairman or Secretary, the Acting Chairman or Acting Secretary,
respectively, may sign in his place.
B.
A subdivision plat shall not be signed by the authorized officers
of the Board until the applicant has met all the conditions of the
action granting approval of such plat.
No changes, erasures, modifications or revisions shall be made
on any subdivision plat after approval has been given by the Board.
In the event that any subdivision plat, when recorded, contains any
such changes, the plat shall be considered null and void, and the
Board shall institute proceedings to have said plat stricken from
the records of the County Clerk.
Within 90 days of signing, the approved plat shall be filed
with the Steuben County Clerk's office or become null and void.
The approval by the Planning Board of a subdivision plat shall
not be deemed to constitute or imply the acceptance by the Village
of any street, park, playground or other open space shown on said
plat. The Planning Board may require said 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 title, dedication and provision for the cost
of grading, development, equipment and maintenance of any park or
playground area.
