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.)
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.
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.
(4) Street design and layout, including topographic conditions.
(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:
(1) Necessary changes to the plat.
(2) Improvements to be waived.
(3) Regional improvements. (See Article
III.)
(4) Amount of bond. (See Article
III.)
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.
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.