Application and approval of subdivisions shall occur before
any sale offers* and before sales or building permits are granted.
(*NOTE: Not a general advertisement, but a specific legal offer based
on negotiation for a specific parcel of land.)
A.
As a starting point for all subdivisions, two copies of a sketch
plan shall be submitted to the Planning Board* at least 10 days prior
to a regular Board meeting. (*NOTE: The Planning Board shall select
a person to receive subdivision applications.)
B.
The subdivider shall meet with the Board to review the regulations
applicable to the proposed subdivision.
C.
The Planning Board specifies the proposal as minor (four lots or
less, no new streets) or major (five or more lots, or any subdivision
with new streets). For review of the sketch plan, the Board shall
use the Village Comprehensive Master Plan and available analysis maps
to check for site limitations. At this point, the subdivider may be
advised to consult with technical agencies, such as the Soil Conservation
Service, Department of Health, Department of Environmental Conservation,
and County and Regional Planning Agencies.[1]
D.
If the proposal is a minor subdivision with two lots, review and
action on the sketch plan alone may be provided by the Planning Board,
as described in the following section.
A.
For a minor subdivision of two lots, the Planning Board may approve
the subdivision on the basis of the sketch plan, after notice and
hearing, as described below along with a fee as fixed from time to
time by the Village Board. For a minor subdivision of three to four
lots, the subdivider shall submit the final plat within six months
after the sketch plan review. The plan shall meet all application
requirements and be submitted with a fee as fixed from time to time
by the Village Board. The plan will be reflective of the Planning
Board's comments in the plat sketch.[1]
B.
The date of the submission of the subdivision plat shall be the date
on which all required application materials and the required fee have
been filed with the Clerk of the Planning Board.
C.
Where required by § 239-n or 239-k of the General Municipal
Law, a copy of the application shall be forwarded to the County Planning
Board for its recommendations.
D.
Within 30 days from the date of the official submission of a minor
subdivision plat, the Planning Board shall hold a public hearing.
Such hearing shall be advertised once in a newspaper of general circulation
and a notice of public hearing posted in at least three prominent
places, both at least five days prior to the hearing.
E.
Not more than 60 days after the date of the official submission,
the Planning Board shall, by resolution, approve, approve with conditions,
disapprove or grant final approval and authorize the signing of the
plat by the Clerk of the Board. The grounds for any disapproval shall
be set forth in a written resolution. This time period may be extended
by written agreement of the subdivider and the Planning Board. If
the Planning Board fails to act within the specified time, the plat
shall be deemed approved, and a certificate to that effect shall be
issued by the Village Clerk on demand.
F.
Upon granting a conditional approval, the Planning Board shall authorize
the Clerk of the Board to sign the plat upon compliance with the conditions.
Within 10 days, the Clerk shall notify the subdivider, in writing,
of all such conditions. Conditional approval shall expire within 180
days. The Planning Board, at its discretion, may expand this period
by one or two additional ninety-day periods.
G.
The review times contained herein are maximum. The Planning Board
may, in appropriate cases, give public notice of a hearing immediately
upon receipt of a sketch plan and decide on the plan at the public
hearing. Thus a decision could be rendered 10 days after the required
five-day hearing notice. Also, the hearing (required by state law)
need not be a formal adversarial hearing. More than one hearing can
be held on one night.
For major subdivisions, the subdivider shall submit a preliminary
plat to the Planning Board within six months after the sketch plan
review.
A.
Application. Eight copies for preliminary plat approval shall meet
all application requirements and be submitted with a fee as fixed
from time to time by the Village Board. The plan will be reflective
of the Planning Board's comments on the plat sketch.[1]
B.
The date of submission of the preliminary plat shall be the date
on which all the application materials and the required fee have been
filed with the Clerk of the Planning Board.
C.
Where required by § 239-n or 239-k of the General Municipal
Law, a copy of the application shall be forwarded to the County Planning
Board for its recommendation.
D.
The subdivider or his authorized representative shall attend the
Planning Board meeting to discuss the plat. The Planning Board shall
consider the following in its review:
(1)
The best use of the land.
(2)
General community needs.
(3)
The Comprehensive Plan.
(4)
Street design and layout, including topographic conditions.
(5)
Water.
(6)
Sewage.
(7)
Lot size and layout.
(8)
Utilities.
(9)
Adjoining lands.
(10)
Review by technical agencies (Soil Conservation Service, County
Planning Department, Department of Health and Department of Environmental
Conservation).
(11)
Standards and guidelines contained herein.
E.
Not more than 60 days after the official submission of the preliminary
plat, the Planning Board shall conditionally approve, with or without
modification, or disapprove such preliminary plat. The grounds for
any modifications or disapproval shall be set forth in the Planning
Board records. The subdivider and the Village Clerk shall be notified,
in writing, within 10 days of the Planning Board action. Failure of
the Planning Board to act within the specified 60 days or an extended
period as may have been agreed to, in writing, by the subdivider and
the Planning Board shall be deemed conditional approval of the preliminary
plat. Upon conditional approval, the Board shall specify:
Unless otherwise agreed to by the subdivider and the Planning
Board, an application for major subdivision plat approval shall be
submitted within six months of preliminary plat approval. Failure
to do so may require resubmission of the preliminary plat.
A.
Application for final approval (eight copies) shall meet all application
requirements and be submitted with a fee as fixed from time to time
by the Village Board. The final plat shall conform to the preliminary
plat as modified by the Planning Board.[1]
B.
The date of the submission of the plat shall be considered the date
all required application materials and the required fee are submitted
to the Clerk of the Planning Board.
C.
If material changes have been made in the plat since the preliminary
plat, the plat shall again be referred to the County Planning Board.
D.
Within 30 days from the date of the official submission of a major
subdivision final plat, the Planning Board shall hold a public hearing
on the final plat. This hearing shall be advertised at least once
in a newspaper of general circulation in the Village and shall be
posted in at least three prominent places, both at least five days
prior to the public hearing.
E.
Within 60 days of the date of official submission, the Planning Board
shall, by resolution, approve, modify and approve or disapprove the
final plat. This time period may be extended by written agreement
of the subdivider and the Planning Board. Upon failure of the Planning
Board to act within the 60 days or otherwise agreed-to time period,
the final plat shall be deemed to be approved and upon demand the
Village Clerk shall issue a certificate to that effect.
F.
In making its decision, the Planning Board shall take into consideration
the standards and considerations contained in these regulations. Upon
granting approval, the Planning Board shall empower the Clerk of the
Board to sign the plat upon compliance with any required modifications,
and said plat shall be deemed to have final approval. If modifications
are required, the subdivider shall be notified within 10 days by the
Clerk of the Board, in writing, of the modification to be made.
G.
Within 90 days of final approval or the issuance of a certificate by the Village Clerk in Subsection E, the plat shall be filed in the County Clerk's office and with the Village Clerk or said approval or certificate shall expire. The Planning Board may, at its discretion, extend the period for filing two additional periods of 90 days each.
Unless approved, in writing, by the Planning Board, changes
in the final plat shall represent grounds for the Board to have the
plat removed from records of the County Clerk.
When the application is for subdivision review and approval
on property that is within 500 feet of an adjacent municipality, notice
shall be given in accordance with § 239-nn of the General
Municipal Law to the clerk of the adjacent municipality at least 10
days prior to the public hearing.
