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.
A.
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Zoning 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 § 250-21, for the purpose of classification and preliminary discussion.
B.
Discussion of requirements and classification.
(1)
The subdivider or his duly authorized representative shall attend
the meeting of the Zoning 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.
(2)
A determination is to be made at this time by the Zoning Board as to whether the proposed subdivision 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 some or all 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 §§ 250-5 and 250-9 of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in §§ 250-6, 250-7, 250-8 and 250-9.
C.
Study of sketch plan. The Zoning 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 Zoning
Board.
A.
Application and fee.
(1)
Within six months after classification of the sketch plan as a minor subdivision by the Zoning Board, the subdivider shall submit an application for approval of a minor subdivision plat. The plat shall conform to the layout shown on the sketch plan plus any recommendations made by the Zoning Board. Said application shall also conform to the requirements listed in § 250-22A. Failure to comply with any of the above will require resubmission of the sketch plan to the Zoning Board for reconsideration.
(2)
All applications for plat approval for minor subdivisions shall be
accompanied by a fee of $25.
[Amended 12-8-1986 by L.L. No. 1-1986]
B.
Number of copies. Three copies of the minor subdivision plat shall
be presented to the Secretary of the Zoning Board at least 10 days
prior to a scheduled monthly meeting of the Zoning Board.
C.
Subdivider to attend Zoning Board meeting. The subdivider or his
duly authorized representative shall attend the meeting of the Zoning
Board to discuss the minor subdivision plat.
D.
When officially submitted. The time of submission of the minor subdivision
plat shall be considered to be the date of the regular monthly meeting
of the Zoning Board, at least 10 days prior to which the complete
application and exhibits for plat approval have been filed with the
Secretary of the Zoning Board.
E.
Public hearing. A public hearing shall be held by the Zoning Board
within 62 days from the time of submission of the minor subdivision
plat for approval. Said hearing shall be advertised in a newspaper
of general circulation in the Village at least five days before such
hearing.
[Amended 12-8-1986 by L.L. No. 1-1986; 11-8-2021 by L.L. No. 2-2021]
F.
Action on minor subdivision plat. The Zoning Board shall, within
62 days from the date of the public hearing, approve, modify and approve
or disapprove the minor subdivision plat.
[Amended 12-8-1986 by L.L. No. 1-1986; 11-8-2021 by L.L. No. 2-2021]
A.
Application. 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 § 250-23 hereof. The preliminary plat shall comply with the requirements set forth in the provisions of § 250-23 of these regulations, except where a waiver may be specifically authorized by the Zoning Board.
B.
Number of copies. Three copies of the preliminary plat shall be presented
to the Secretary of the Zoning Board at least 10 days prior to a regular
monthly meeting of the Zoning Board.
C.
Subdivider to attend Zoning Board meeting. The subdivider or his
duly authorized representative shall attend the meeting of the Zoning
Board to discuss the preliminary plat.
D.
Study of preliminary plat. The Zoning Board shall study 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, Official Map and Chapter 295, Zoning.
E.
When officially submitted. The time of submission of the preliminary
plat shall be considered to be the date of the regular monthly meeting
of the Zoning Board, at least 10 days prior to which the completed
application and exhibits for conditional approval of the preliminary
plat have been filed with the Secretary of the Zoning Board.
F.
Conditional approval of the preliminary plat.
(1)
Within 62 days after the time of submission of a preliminary plat,
the Zoning Board shall take action to conditionally approve, with
or without modifications, or disapprove such preliminary plat, and
the basis of any modification required or the basis for disapproval
shall be stated upon the records of the Zoning Board.
[Amended 12-8-1986 by L.L. No. 1-1986; 11-8-2021 by L.L. No. 2-2021]
(2)
Failure of the Zoning Board to act within such sixty-two-day period
shall constitute a conditional approval of the preliminary plat.
[Amended 12-8-1986 by L.L. No. 1-1986; 11-8-2021 by L.L. No. 2-2021]
(3)
When granting conditional approval of a preliminary plat, the Zoning
Board shall state the conditions of such approval, if any, with respect
to: the specific changes which it will require in 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. The action of the Zoning Board, plus any conditions
attached thereto, shall be noted on three copies of the preliminary
plat. One copy shall be returned to the subdivider, one retained by
the Zoning Board and one forwarded to the Village Board. Conditional
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
Zoning Board and for recording upon fulfillment of the requirements
of these regulations and the conditions of the conditional approval,
if any. Prior to approval of the subdivision plat, the Zoning 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.
A.
Application for approval and fee. The subdivider shall, within six
months after the conditional approval of the preliminary plat, file
with the Zoning Board an application for approval of the subdivision
plat in final form, using the approved application blank available
from the Secretary of the Zoning Board. All applications for plat
approval for major subdivisions shall be accompanied by a fee of $25
plus $25 per lot. If the final plat is not submitted within six months
after the conditional approval of the preliminary plat, the Zoning
Board may require resubmission of the preliminary and final plats.
[Amended 12-8-1986 by L.L. No. 1-1986; 11-8-2021 by L.L. No. 2-2021]
B.
Number of copies. A subdivider intending to submit a proposed subdivision
plat for the approval of the Zoning Board shall provide the Secretary
of the Board with a copy of the application and three copies (one
copy in ink on linen or Mylar or its equivalent) of the plat, the
original and one true copy of all offers of cession, covenants and
agreements and two prints of all construction drawings at least 10
days in advance of the regular monthly Zoning Board meeting at which
it is to be officially submitted.
[Amended 11-8-2021 by L.L. No. 2-2021]
C.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Zoning Board, at least 10 days prior to which the complete application and exhibits for approval of the subdivision plat have been filed with the Secretary of the Zoning Board. In addition, if the applicant elects to construct any or all required improvements, as specified in § 250-8A, the Village Engineer shall file a certificate with the Village Board stating that these improvements have been satisfactorily installed before the subdivision plat shall be officially accepted.
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 Village Engineer and the 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. Endorsement and approval by the State Department of
Health shall be secured by the subdivider before official submission
of the subdivision plat.
E.
Public hearing. A public hearing shall be held by the Zoning Board
within 62 days after the time of submission of the subdivision plat
for approval. This hearing shall be advertised in a newspaper of general
circulation in the Village, and notice shall be posted at three prominent
places in the Village at least five days before such hearing.
[Amended 12-8-1986 by L.L. No. 1-1986; 11-8-2021 by L.L. No. 2-2021]
F.
Action on proposed subdivision plat. The Zoning Board shall, within 62 days from the date of the public hearing on the subdivision plat, approve, modify and approve or disapprove the subdivision plat. However, the subdivision plat shall not be signed by the authorized officers of the Zoning Board for recording until the subdivider has complied with the provisions of § 250-8 of this article.
[Amended 12-8-1986 by L.L. No. 1-1986; 11-8-2021 by L.L. No. 2-2021]
A.
Improvements and performance bond.
(1)
Before the Zoning 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)
The subdivider shall file with the Village Clerk either a certified
check to cover the full cost of the required improvements or a performance
bond to cover the full cost of the required improvements. Any such
bond shall comply with the requirements of § 7-736 of the
Village Law and shall be satisfactory to the Village Board and Village
Attorney as to form, sufficiency, manner of execution and surety.
A period of one year (or such other period as the Zoning Board may
determine appropriate, not to exceed three years) shall be set forth
in the bond within which required improvements must be completed.
[Amended 12-8-1986 by L.L. No. 1-1986]
(b)
The subdivider shall complete all required improvements to the
satisfaction of the Village Board, which shall file with the Zoning
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 satisfactorily
installing any improvement not approved by the Village Board. Any
such bond shall be satisfactory to the Village Board 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 Board and a map satisfactory to the Zoning 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 Zoning 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 Board that unforeseen conditions
make it necessary or preferable to modify the location or design of
such required improvements, the Village Board may authorize modifications,
provided that these modifications are within the spirit and intent
of the Zoning Board's approval and do not extend to a waiver or substantial
alteration of the function of any improvements required by the Board.
The Village Board shall issue any authorization under this subsection
in writing and shall transmit a copy of such authorization to the
Zoning Board at its next regular meeting.
C.
Inspection of improvements. At least five days prior to commencing
construction of required improvements, the subdivider 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 arrange
for inspections 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 Zoning Board.
D.
Proper installation of improvements. If the Village Engineer finds,
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 Zoning Board. The Village Board then shall
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 Zoning Board as long as the subdivider
is in default on a previously approved plat.
A.
Final approval and filing. Upon completion of the requirements in § 250-5 or §§ 250-7 and 250-8 above and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Zoning Board (Chairman or Acting Chairman) 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 reason of the failure of the Zoning Board to act shall become null and void.
[Amended 11-8-2021 by L.L. No. 2-2021]
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 Zoning Board and endorsed in writing on the
plat unless the said plat is first resubmitted to the Zoning 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.
A.
Public acceptance of streets. The approval by the Zoning 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 Zoning Board shall require the plat to be endorsed
with appropriate notes to this effect. The Zoning 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.
[Added 11-8-2021 by L.L. No. 2-2021]
In scheduling public hearings and review timeframes on all subdivision
plats, the Zoning Board shall comply with the provisions of the State
Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law and its implementing regulations, as set forth in
Village Law § 7-728.
