Whenever any subdivision or resubdivision of
land is proposed to be made, before any contract for sale of any part
thereof and before any permit for erection of a structure in such
proposed subdivision shall be granted, the subdivider shall apply
in writing to the Planning Board for and secure approval of the proposed
subdivision in accordance with the following procedures.
Following information shall be submitted for
consideration with any application:
A. Subdivision name or title, address at which it is
located, scale, North point, date and site location map.
B. Name and addresses of subdivider and professional
advisers, including license numbers and seals.
C. Drawing sheet size, either 17 inches by 22 inches;
22 inches by 34 inches; or 34 inches by 42 inches.
D. Scale either one inch to 50 feet; one inch to 100
feet; or one inch to 200 feet.
E. Subdivision boundaries and approximate boundaries
of contiguous properties and names of owners.
F. Existing restrictions on the use of land, including
easements, covenants and zoning boundaries.
G. Existing and proposed streets and structures, watercourses,
marshes, wooded areas, public facilities and other significant physical
features on and near the proposed subdivision.
H. Utilities available and streets which are proposed,
mapped or built.
I. Proposed pattern of lots, including typical lot width
and depth, street layout, open space, systems of drainage, sewerage
and water supply within the subdivided area.
J. Total acreage of subdivision and number of lots proposed.
K. Building types, approximate size and cost.
The official submission date for a subdivision
plat shall be the date of the regular monthly meeting of the Planning
Board, which is at least 15 days after the date when the application
for approval of the subdivision plat, complete with all other requirements,
has been filed with the Clerk.
Before any plat is approved, a public hearing
shall be held by the Planning Board after public notice has been advertised,
as required by law.
A. The subdivider shall, prior to submitting an application
for subdivision of land, submit to the Clerk at least 15 days prior
to the regular meeting of the Planning Board two copies of a sketch
plan of the proposed subdivision.
B. The subdivider shall attend the Planning Board meeting
to discuss the requirements of this chapter.
C. The Planning Board shall classify the proposed subdivision
as either a major or minor subdivision. The Planning Board may require
that a minor subdivision comply with some or all of the requirements
specified for a major subdivision.
D. The Planning Board shall study the sketch plan to determine whether or not it conforms to, or would be in conflict with Chapter
201, Zoning; the Comprehensive Plan; developments proposed by any public agency; existing private and public development, facilities and services, including reservations of land, street improvements, drainage, sewerage, water supply, fire protection, and availability of services; and for any special problems that may be encountered.
E. The Planning Board shall determine whether the sketch
plan meets the purposes of this chapter and shall, where it deems
it necessary, make specific written recommendations to be incorporated
by the subdivider in the next submission.
The sketch plan should be either on a topographical
survey map, or on an enlargement of the USGS quadrangle sheet enlarged
to a scale of one inch to 200 feet. It may be a freehand sketch on
a print of such map and must have all information required under § 165-310.
Within six months after classification of the
sketch plan as a minor subdivision, the subdivider shall file an application
and four copies of the drawings for approval, and a fee as established
by the legislative Board.
A. The plat shall conform to the layout shown on the
sketch plan plus any recommendations made by the Planning Board.
B. A public hearing shall be held by the Planning Board
within 45 days from the time of submission of the plat for approval.
C. The subdivider shall attend the hearing.
D. The Planning Board shall within 45 days after the
public hearing approve, modify and approve, or disapprove the subdivision
plat. Grounds for disapproval shall be stated in the Planning Board
minutes. Failure to so act shall be deemed approval.
E. If the plat is approved, six copies shall be endorsed by the Planning Board in accordance with §
165-30 of this chapter.
F. If the plat is approved it shall be filed in accordance with §
165-31 of this chapter.
In the case of a minor subdivision, the subdivision
plat application shall include the following:
A. Information required under §
165-10 updated and accurate.
B. Field survey and boundary lines of the tract, giving
complete description data by bearings and distances, made and certified
by a licensed land surveyor. The corners of the tract shall be located
on the ground and marked by monuments and shall be referenced and
shown on the plat.
C. On-site sanitation and water supply facilities shall
be designed to meet the specifications of the State Department of
Health, and a note to this effect shall be stated on the plat and
signed by a licensed engineer.
D. A copy of such covenants or deed restrictions as are
intended to cover all or part of the tract.
Prior to filing application for approval of
a major subdivision plat, the subdivider shall file an application
and four copies of the drawings and a fee, as established by the legislative
board, for consideration of a preliminary subdivision plat.
A. The preliminary plat shall comply with the requirements
of this chapter, except where a waiver may be specifically authorized
by the Planning Board.
B. The subdivider shall attend the Planning Board preliminary
hearing.
C. The Planning Board shall review the preliminary plat
submitted for conformity to this chapter.
D. Prior to preliminary approval, the Planning Board
may hold another preliminary hearing.
E. Within 45 days after the time of the official submission
date, the Planning Board shall take action to approve, with or without
modifications, or disapprove the preliminary plat. Grounds for any
modification required or for disapproval shall be stated in the Planning
Board minutes.
F. When granting approval to a preliminary plat, the
Planning Board shall state the conditions, if any, with respect to:
(1) Specific changes which it will require.
(2) Character and extent of the required improvements
for waivers.
(3) Amount of improvement or the amount of all bonds which
it will require.
G. The action of the Planning Board plus any conditions
attached thereto shall be noted on three copies of the preliminary
plat. One copy shall be returned to the subdivider, and one to the
legislative board.
H. 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 as a guide to preparation
of the subdivision plat.
I. Prior to approval of the subdivision plat, the Planning
Board may require additional changes as a result of further study.
The following information shall be submitted
for consideration of a major subdivision preliminary plat.
A. Information required under §
165-10 updated and accurate.
B. Contours with intervals of not more than 10 feet;
however, if the grade is less than 5%, contours shall be at two-foot
intervals for that area. Datum plane shall be that of the United States
Geological Survey. Approximate grading plan if existing contours are
to be changed more than three feet.
C. Field survey of the boundary lines of the tract and
deed description giving complete data by bearings and distances, made
and certified by a licensed land surveyor.
D. Location, width and approximate grade of proposed
streets.
E. Approximate location, dimensions, area and number
of lots and blocks.
F. Approximate location and dimensions of property to
be dedicated for public use.
G. Boundaries of proposed permanent easements over private
property.
H. Location of existing sewers, water mains, storm drainage
culverts, with pipe sizes and direction of flow.
I. Location of existing utilities, including gas lines,
fire hydrants, electric and telephone facilities and streetlights.
J. Proposed provision of water supply, fire protection,
disposal of sanitary wastes, stormwater drainage and sidewalks.
Soil percolation tests shall be conducted in
proposed subdivisions where no public sewers are available, as follows:
A. Soil percolation tests shall be conducted according
to State Department of Health standards.
B. Tests should be made to ascertain surface soil, rock
and groundwater conditions, depth to groundwater unless test pits
are dry at a depth of five feet below finished grade, location and
results of soil percolation tests if individual sewage disposal is
contemplated.
C. Tests will be required on a basis of one test per
acre of subdivision area, but in no case less than three test holes,
taken in a logical pattern, and their locations shown on the plat.
D. Soil test results shall appear on the final plat which
is to be approved and recorded.
Prior to the official submission of the subdivision
plat to the Planning Board, the subdivider shall submit the plat to
the District Engineer of New York State Department of Health to secure
their endorsement and approval of sewer and water facility proposals
and construction drawings.
If the proposed subdivision is within 300 feet
of an existing or proposed state or county highway, the subdivider
shall submit the plat to the County Highway Superintendent and secure
endorsement and approval of the plat and construction drawings.
The preliminary subdivision plat shall be accompanied
by construction detail drawings. All plans shall be subject to approval
of the Planning Board's engineer. The following information shall
be required on construction detail drawings:
A. Plans and profiles showing existing and proposed elevations
along center lines of all streets within the subdivision.
B. Plans and profiles showing the location of street
pavements, curbs, gutters, sidewalks, manholes, catch basins and culverts.
C. Plans showing the location, size and invert elevations
of existing and proposed sanitary sewers, stormwater drains and fire
hydrants; and the location and size of water, gas, electricity and
any other utilities or structures.
The subdivider shall, within six months after
the approval of the preliminary plat, file with the Planning Board
an application and six copies of the drawings for approval of the
subdivision plat in final form.
A. The application shall:
(1) Be accompanied by the construction detail drawings.
(2) Be endorsed by the State Department of Health.
(3) Be endorsed by the County Highway Superintendent.
(4) Include offers of cession to all streets and public
areas.
(5) Include other information which Planning Board considers
pertinent.
B. A public hearing shall be held by the Planning Board
within 30 days after the time of official submission of the plat for
approval.
C. The subdivider shall attend the hearing.
D. The final subdivision plat shall conform to the approved
preliminary plat, plus any recommendations made by the Planning Board.
E. Planning Board may permit the final plat to be divided
into parts comprising at least 20% of total number of lots shown on
the plat, subject to such conditions as it deems necessary to assure
orderly development.
F. Either:
(1) The Planning Board's engineer must file a certificate
stating that all required improvements constructed by the subdivider
have been designed and inspected and meet standards in this chapter,
and are as required by law; or
(2) A performance bond must be submitted and approved
by the Planning Board and attorney as to form, sufficiency, manner
of execution and surety for the completion of required improvements.
G. Offers of cession, in a form certified as satisfactory
by the Attorney, of all land to be dedicated for streets, easements,
open space and other facilities shall be provided.
H. A certified check, in the amount of 1% of the cost
of the required improvements, as determined by the Planning Board's
engineer to meet the costs of inspection of required improvements
shall be provided.
I. Drawings, certified by a land surveyor, showing the
location of all required improvements that may have been constructed
prior to final plat submission shall be submitted.
The following information shall be submitted
for consideration as a final subdivision plat:
A. All information required on the preliminary subdivision
plat updated and accurate, indicating actual layout, areas and dimensions
of the subdivision.
B. Sufficient data to determine readily the location,
bearing and length of all straight lines, radii, length of curves
and central angles of all curves, tangent bearings and angles of all
street lines, lot lines and boundary lines. These should be referenced
to established monuments.
C. The location, dimensions and names of all sites for
residential, commercial, industrial, public and nonpublic uses.
D. Boundaries and proposed uses of all property which
is offered for dedication for public use.
E. Boundaries and proposed uses of all property that
is proposed to be reserved for the common use of property owners in
the subdivision.
F. The location, material and size of all monuments.
A. Where a performance bond is required as a condition
of plat approval, the subdivider shall file with the legislative Board
a bond in an amount sufficient to provide for, and secure to the public
the full cost of completion of all streets, other required improvements
and their maintenance for a period of two years after completion.
B. The Planning Board shall specify the time period within
which required improvements must be completed, but in no case for
a longer term than three years. The term of the bond may, with the
consent of the subdivider, be extended for an additional period not
to exceed three years. The time period shall be expressed in the bond.
C. If any required improvements have not been installed
or maintained as provided within the term of such performance bond,
it shall be forfeited, and upon receipt of the proceeds, the municipality
shall install or maintain such improvements.
A. Formal offers of cession by the subdivider of all
streets, rights-of-way, parks and other sites for public use shall
be presented to the Planning Board prior to subdivision plat approval.
B. Notation shall be made on the subdivision plat of
any streets, rights-of-way, open space and other sites specifically
reserved by the subdivider and for which formal offers of cession
to the public are not made.
C. The subdivision plat shall be endorsed with the necessary
agreements in connection with required easements or releases.
The subdivider shall submit the following data
to the Planning Board before any subdivision plat can be approved;
before acceptance, the Attorney shall certify as to their legal sufficiency:
A. Deed descriptions and a map of survey of tract boundaries
made and certified by a licensed land surveyor, tied into established
boundary monuments.
B. Offers of cession dedicating streets, rights-of-way
and any sites for public uses.
C. Copies of agreements or other documents showing the
manner in which areas reserved by the subdivider are to be maintained.
D. Draft protective covenants whereby the subdivider
proposes to regulate land use in the subdivision and otherwise protect
the proposed development.
E. Any other data such as certificates, affidavits, endorsements
or other agreements as may be required by the Planning Board in enforcement
of this chapter.
A. The Planning Board's engineer shall inspect all required
improvements prior to acceptance to ascertain whether or not they
have been completed satisfactorily.
B. The subdivider shall inform the Engineer at least
48 hours before such inspection is required and shall not cover any
part of a permanent improvement until inspection has been made and
approval granted.
C. Drawings showing the location of all required improvements
as-built shall be certified by an engineer or land surveyor and filed
with the Planning Board prior to the acceptance of the improvements.
Until as-built plans are filed, no performance bond guaranteeing the
completion of such improvements shall be released.
D. If any of the required improvements have not been
constructed in accordance with specifications and the approved construction
detail drawings, the subdivider and the bonding company will be severally
and jointly liable for the costs of completing the improvements.
A. Every street shown on a plat filed or recorded as
provided in this chapter shall be deemed to be a private street until
such time as it has been formally accepted by the municipality by
local law or resolution.
[Amended 11-18-1997 by L.L. No. 7-1997]
B. No public street, utility or improvement may be constructed
by the municipality in or on any street until it has become a public
street.
C. Approval of the subdivision plat shall not be deemed
to constitute or imply acceptance of any street or other open space
shown on the plat.
D. The Planning Board shall require the filing of a written
agreement between the subdivider and the municipality covering future
title, dedication and provision for the cost of grading, development,
equipment and maintenance of any open space.
E. Upon completion of the construction and installation
of required improvements in accordance with the approved plans, the
subdivider shall deliver to the municipality deeds, abstracts and
easements for streets, water lines, storm sewers, sanitary sewers
and any other required improvements.
F. Prior to public acceptance of any required improvements,
the subdivider shall submit an affidavit stating that all bills and
accounts for material and labor used in the construction of improvements
have been paid in full.
A. The Planning Board shall within 45 days from the public
hearing on the final subdivision plat approve, modify and approve
or disapprove the plat.
B. If the final plat is disapproved, grounds for such
action shall be stated in the Planning Board minutes.
C. Every final subdivision plat shall carry the following
endorsements:
[Amended 9-19-2018 by L.L. No. 8-2018]
"Approved by resolution of the Planning Board
of the Village of Lowville, New York on the ________ day of _________,
20___, subject to all requirements and conditions of said Resolution.
Any change, erasure or revision of this plat as approved, shall void
this approval.
|
Signed this ___ day of ___, 20__ .
|
|
|
|
Chairman
|
Secretary
|
D. If the final plat is approved, the Planning Board
officers shall sign the plat. One copy shall be retained by the Planning
Board.
A. If the final subdivision plat is approved, the subdivider
shall:
(1) File one approved copy drawn in ink on Mylar with
the County Clerk within 90 days from the date of approval, or the
approval of the subdivision plat will be void.
(2) File one approved copy with the legislative board
before building permits are made available.
(3) File one approved copy with the Assessor.
B. The plat is void if changes are made to it after the
Planning Board has endorsed it in writing.
[Added 9-16-2015 by L.L.
No. 9-2015]
A. Lot line adjustments shall be approved by the Planning Board provided
that:
(1)
File in the office of the county clerk such approved final plat
or a section of such plat within 62 days from the date of the final
approval or such approval shall expire.
[Amended 9-19-2018 by L.L. No. 8-2018]
(2)
A survey map is submitted, prepared by a licensed engineer or
surveyor, of the properties in question which indicates the existing
lot lines as well as the proposed adjusted lot line and also including
current buildings and driveways located on the property in question.
(3)
It includes copies of the latest recorded deeds to the property
in their current configuration, proposed deed for the parcel to be
conveyed as a result of the lot line adjustment and the metes and
bounds description of the properties and their present configuration
and proposed new configuration.
(4)
It includes a consent signed by all property owners whose lots
will be affected by the lot line adjustment as submitted as part of
the application as well as a consent to file.
(5)
Other procedural requirements of this chapter, including public hearing requirements do not apply unless the Planning Board determines, in the course of its review the lot line adjustment, that there were issues that would justify holding a public hearing. In such case, the Planning Board may reclassify the lot line adjustment as a minor subdivision and require the appropriate paperwork to be completed for this matter and hold a public hearing in accordance with Chapter
165 of the Village of Lowville Code.
[Amended 9-19-2018 by L.L. No. 8-2018]
B. Lot mergers in which lot lines are deleted, but not moved, do not
require any approval under this chapter.