Village of Woodridge, NY Article II Application Procedure

§ 350-7 Application required.

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. All submissions and correspondence shall be directed to the Planning Board Chairman, or his duly appointed representative, who shall serve as Clerk of the Planning Board.

§ 350-8 Sketch plan.

A. Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Planning Board at least 15 days prior to the regular meeting of the Board seven copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of § 350-26 for the proposes 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 Planning Board to discuss the requirements of these regulations for street improvements, drainage, sewage, water supply, fire protection, and similar aspects, as well as the availability of existing services and other pertinent information.

(2) Classification of the sketch plan is to be made at this time by the Planning Board as to whether it 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 the minor subdivision comply with all or some 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 §§ 350-9, 350-12 and 350-13 of these regulations. If it is classified as a major subdivision the subdivider shall then comply with the procedures outlined in §§ 350-10 through 350-14.

C. Study of sketch plan. The Planning 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 Planning Board.

D. Cost of professional assistance. The cost of obtaining and securing the advice or assistance of any expert or professional consultants (planners, engineers, attorneys or other) over and above the filing fee shall be paid by the applicant for any subdivision approval, and the Planning Board may require the applicant to deposit funds with the Village Clerk in an amount deemed reasonable to assure payment of any such consultants, and any surplus shall be returned after the consultants' bill is received and paid in full.

§ 350-9 Approval of minor subdivision.

A. Application and fee.

(1) Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a subdivision plat. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan, plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in § 350-27. If plans have changed substantially, the applicant may be required to fill out another SEQR short or long form.

(2) All applications for plat approval for minor subdivisions shall be accompanied by a fee as set by the Village Board.

B. Number of copies. Seven copies of the subdivision plat shall be presented to the Clerk of the Planning Board at the time of submission of the subdivision plat.

C. Subdivider to attend Planning Board meeting. The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the subdivision plat.

D. When officially submitted. The time of submission of the subdivision plat shall be considered to be the date on which the application for plat approval, complete and accompanied by the required fee and all data required by § 350-27 of these regulations, has been filed with the Clerk of the Planning Board.

E. Endorsement of state and county agencies. Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the State Department of Health and/or the New York State Department of Environmental Conservation (DEC). Applications for approval of plans for sewer and 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 and the DEC shall be secured by the subdivider before official submission of subdivision plat. Endorsement and approvals are required from all other appropriate agencies before final approval of the subdivision plat.

F. Public hearing. A public hearing shall be held by the Planning Board within 60 days from the time of submission of the subdivision plat for approval. Said hearing shall be advertised at least once in a newspaper of general circulation, and a notice of the hearing shall be posted in at least three prominent places at least five days before such hearing.

G. Action on subdivision plat. The Planning Board shall, within 60 days from the date of the public hearing, act to approve with modification, disapprove or grant final approval and authorize the signing of the subdivision plat. This time may be extended by mutual consent of the subdivider and the Planning Board. Failure of the Planning Board to act within such time shall constitute approval of the plat. Upon granting approval with or without modification to the plat, the Planning Board shall empower a duly authorized officer to sign the plat. Within five days of the resolution granting approval, the plat shall be certified by the Clerk of the Planning Board as approved, a copy shall be filed in his or her office and a certified copy mailed to the subdivider. The subdivider is responsible for filing all approved subdivision maps with the County Clerk's Office within 90 days of Planning Board final approval.

H. Notices of subdivision application hearings shall be provided, by the applicant, to all adjacent property owners and other property owners within 300 feet as identified in the latest tax assessment records of the Village of Woodridge, including those for properties on the opposite side of any public or private road. Such notice shall be given by certified mail at least seven calendar days in advance of such hearing. The Planning Board shall be authorized to waive this requirement where it is determined by the Board that adjoiners have otherwise been afforded reasonable notice of such hearing as evidenced by their appearance at or knowledge of such hearing. No hearing shall be delayed where the Board determines the applicant has made reasonable attempts to notify all interested parties as provided herein.

[Added 4-20-2015 by L.L. No. 2-2015]

§ 350-10 Preliminary plat for major subdivision.

A. Application and fee. Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the approval of a preliminary plat of the proposed subdivision. All applications for preliminary plat approval shall be accompanied by a fee as set forth by the Village Board. Such preliminary plat shall be clearly marked "preliminary plat" and shall be in the form described in § 131-28 hereof. If plans have changed substantially, the applicant may be required to fill out another SEQR short or long form. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 7-728, 7-730 and 7-732 of the Village Law, and § 350-28 of these regulations, except where a waiver may be specifically authorized by the Planning Board.

B. Number of copies. Seven copies of the preliminary plat shall be presented to the Clerk of the Planning Board at the time of submission of the preliminary plat.

C. Subdivider to attend Planning Board meeting. The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the preliminary plat.

D. Study of preliminary plat.

(1) The Planning Board shall study the practicability of 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 arrangements, 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 owned by the developer which are as yet unsubdivided and the requirements of the Master Plan, the Official Map and Ch. 400, Zoning, if such exist.

(2) If the developer plans to construct dwelling units or other structures permitted by Chapter 400, Zoning, he or she shall maintain the natural cover to control stormwater runoff, limit flooding, protect groundwater supplies and provide erosion control. Clearing for building purposes shall be limited to 20% of the lot area with reduction to 10% for slopes over 15% in grade.

(3) If the developer plans to construct dwelling units or other structures permitted by Chapter 400, Zoning, a general landscaping plan for the subdivision and a planting schedule shall be indicated. Landscaping shall be in character with that prevailing in the neighborhood. Plans and cross-sections showing the proposed location and type of trees, shrubs and bushes shall be shown on the landscaping plan.

(4) The location and proposed development of all buffer areas, including existing vegetative cover, shall be shown. Existing trees over 12 inches in diameter measured at four feet above the ground shall be preserved to the maximum extent possible.

E. When officially submitted. The time of submission of the preliminary plat shall be considered to be the date on which the application for approval of the preliminary plat, complete and accompanied by the required fee and all data required by § 350-28 of these regulations, has been filed with the Clerk of the Planning Board.

F. Approval of the preliminary plat.

(1) Within 60 days after the receipt of a preliminary plat by the Clerk of the Planning Board, the Planning Board shall take action to conditionally approve, with or without modifications, or disapprove the preliminary plat, and the ground of any modification required or the ground for disapproval shall be stated upon the records of the Planning Board. Failure of the Planning Board to act within such sixty-day period shall constitute an approval of the preliminary plat. If the final plat is not submitted within six months of the conditional approval of the preliminary plat, the Planning Board may refuse to approve the final plat.

(2) Prior to approval of the final subdivision plat, the Planning Board may require additional changes as a result of further study of the subdivision.

§ 350-11 Final plat for major subdivision.

A. Application for approval and fee. The subdivider shall, within six months after the approval of the preliminary plat, file with the Planning Board an application for approval of the final subdivision plat available from the Clerk of the Planning Board. If the final plat is not submitted within six months after the approval of the preliminary plat, the Planning Board may refuse to approve the final plat and require resubmission of the preliminary plat.

B. Number of copies. A subdivider intending to submit a proposed subdivision plat for the approval of the Planning Board shall provide the Clerk of the Board with a copy of the application and three copies [one copy in ink on linen, Mylar or an acceptable equal] of the plat, the original and one true copy of all offers of concession, covenants and agreements and two prints of all construction drawings.

C. When officially submitted. The time of submission of the subdivision plat shall be considered to be the date on which the application for plat approval, complete and accompanied by the required fee and all data required by § 350-29 of these regulations, has been filed with the Clerk of the Planning Board.

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 State Department of Health and/or the New York State Department of Environmental Conservation (DEC). Applications for approval of plans for sewer and 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 and the DEC shall be secured by the subdivider before official submission of the subdivision plat. Endorsement and approvals are required from all other appropriate agencies before final approval of the subdivision plat.

E. Public hearing. Within 60 days of the submission of a plat in final form for approval, a hearing shall be held by the Planning Board. This hearing shall be advertised by the Planning Board at least once in a newspaper of general circulation in the Village, and a notice of said hearing shall be posted in at least three prominent places at least five days before said hearing.

F. Action on proposed subdivision plat.

(1) The Planning Board shall approve, modify and approve or disapprove all subdivision plats. The Planning Board Chairman shall sign the approved subdivision plat and a resolution of approval shall be passed by the Planning Board. Action on proposed plats must be taken within 60 days from the official submission of the plat to the Planning Board. Failure to take action within such time shall constitute approval of the plat. The ground(s) of refusal of any plat or proposed development submitted shall be upon the records of the Planning Board.

(2) Within five days of the resolution giving approval to the plat, the plat shall be certified by the Clerk of the Planning Board as approved, a copy shall be filed in his or her office and a certified copy shall be mailed to the subdivider.

§ 350-12 Required improvements for minor and major plats.

A. Improvements and performance bond. Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1) or (2) below:

(1) In an amount set by the Planning Board, the subdivider shall either file with the Village Clerk a certified check to cover the full cost of the required improvements or the subdivider shall file with the Village Clerk a performance bond issued by an insurance company licensed in the State of New York to cover the full cost of the required improvements. Any such bond shall comply with the requirements of § 7-730 of the Village Law and, further, 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 Planning Board may determine appropriate, not to exceed three years] shall be set forth in the bond within which required improvements must be completed.

(2) The subdivider shall complete all required improvements to the satisfaction of the Engineer representing the Planning Board, who shall file with the Planning 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 Engineer representing the Planning Board. Any such bond 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 Planning Board may determine appropriate, not to exceed three years] shall be set forth in the bond within which required improvements must be completed.

(3) The required improvements shall not be considered to be complete until the installation of the improvements have been approved by the Engineer representing the Planning Board and a map satisfactory to the Planning 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(2), then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection A(1), 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 Engineer representing the Planning Board that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Engineer representing the Planning Board may, upon approval by a previously delegated member of the Planning Board, authorize modifications, provided that these modifications are within the spirit and intent of the Planning Board's approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the Board The Engineer representing the Planning Board shall issue any authorization under this section in writing and shall transmit a copy of such authorization to the Planning Board at their next regular meeting.

C. Inspection of improvements. At least five days prior to commencing construction of required improvements, the subdivider shall pay to the Village Clerk the inspection fee required by the Engineer representing the Planning Board and shall notify the Engineer representing the Planning Board, in writing, of the time when he proposes to commence construction of such improvements so that the Engineer representing the Planning Board may cause inspection 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 Planning Board.

D. Proper installation of improvements. If the Engineer representing the Planning Board shall find, upon inspection of the improvements performed by 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 Planning 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 Planning Board as long as the subdivider is in default on a previously approved plat.

§ 350-13 Filing of approved subdivision plat.

A. Final approval and filing. Upon completion of the requirements in the previous sections and notation to that effect upon the subdivision plat, the plat shall be deemed to have final approval and shall be properly signed by the duly designated officer of the Planning Board and may be filed by the applicant in the Office of County Clerk. Any subdivision plat not so filed or recorded within 90 days of the date upon which such plat is approved, or considered approved by reason of the failure of the Planning Board to act, shall become null and void.

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 Planning Board and endorsed, in writing, on the plat, unless the said plat is first resubmitted to the Planning 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.

§ 350-14 Public streets, recreation areas.

A. Public acceptance of streets. The approval by the Planning 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 Planning Board shall require the 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 deed and title, dedication and provision for the cost of grading, development, equipment and maintenance of any such recreation area.

§ 350-15 Flexibility of design and development.

Whereas pursuant to resolution of the Village Board the Planning Board is empowered to modify applicable provisions of Chapter 400, Zoning, in accordance with the provisions of § 7-738 of the Village Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of lots and open lands, the following shall be procedure and standards:

A. Request by subdivider. A subdivider may request the use of § 7-738 simultaneously with or subsequent to presentation of the sketch plan as per procedure described in Article II. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plat review.

B. Sketch plan. A subdivider shall present, along with a proposal in accordance with the provisions of § 7-738, a standard sketch plat which is consistent with all the criteria established by these subdivision regulations, including but not limited to streets being consistent with the street specifications and lots being consistent with Chapter 400, Zoning.

C. Park, recreation, open space or other municipal purposes. If the application of this procedure results in a plat showing land available for park, recreation, open space or other municipal purposes directly related to the plat, then conditions as to ownership, use and maintenance of such lands are as necessary to assure the preservation of such lands for their intended purposes shall be set forth by the Planning Board.

D. Plat submission. Upon determination that such sketch plat is suitable for procedures under § 7-738 and subsequent to the resolution authorizing the Planning Board to proceed, a preliminary plat meeting all of the requirements of the resolution shall be presented to the Planning Board, and thereafter the Planning Board shall proceed with the required public hearings and all other requirements of these regulations.