All plans, applications and supporting data shall be submitted
to the Code Enforcement Officer or designee, who shall check their
compliance with these regulations. The Code Enforcement Officer or
designee shall then take any action required under these regulations
and shall transmit the plans to the Planning Board for review and
action. The official date of the submission shall in all cases be
recorded as the next regular scheduled meeting date of the Planning
Board after receipt by the Code Enforcement Officer or designee.
A. Sketch plan. The subdivider may submit two copies of a sketch plan and supporting data in accordance with the requirements of Article
IV. This plan shall be for the purpose of establishing in advance the overall objectives of the subdivider, the extent to which the proposed subdivision conforms with the design standards and other provisions of these regulations and to determine any possible problems which will require special action on the part of the Planning Board or the subdivider. The Planning Board shall act on such a plan and shall transmit a record of its action in writing to the subdivider within 30 days after the official date of submission.
B. Preliminary plan.
(1) The subdivider may submit eight copies of a preliminary plan and supporting data in accordance with the requirements of Article
IV. The purpose of this plan shall be to establish more precisely the overall proposed layout of the subdivision, its conformance with the design standards and the proposed physical improvements which will be required to be installed by the subdivider or which may be waived by the Planning Board and to further establish the overall conformance of the subdivision with these regulations. The Planning Board shall act on such a plan and transmit a record of its action in writing to the subdivider within 60 days after the official date of submission.
(2) The action taken by the Planning Board shall be noted on the copies
of the approved preliminary plan in the form of a conditional approval
or of a disapproval and shall include a statement on any waivers granted
for any required public improvements. The conditional approval by
the Planning Board shall serve as a guide to the subdivider for the
preparation of the final plan. Such conditional approval may not be
revoked by the Planning Board unless a substantial change in information
concerning the plan or the character of the area takes place. However,
the conditional approval shall expire within six months if a final
plan is not submitted unless an extension of such a conditional approval
is granted by the Planning Board.
C. Final plan.
(1) The subdivider shall submit eight copies of a final plan and all supporting data in accordance with the requirements of Article
IV. Such a plan shall conform with the requirements of these regulations and shall incorporate all recommendations contained in any conditional approval of a preliminary plan, except that the subdivider may submit only a section of the preliminary plan which he proposes to develop and record at any one time.
(2) The Planning Board shall arrange for a public hearing as required
by § 7-728 of the Village Law on the final plan. Within
60 days after the formal submission of the final plan, the Planning
Board shall approve, modify and approve or disapprove the final plan.
After the approval of the final plan, the Planning Board shall endorse
its approval on two copies of the final plan and shall return one
such endorsed copy to the subdivider. In the event of disapproval,
the subdivider shall be notified in writing with the reasons for disapproval
stated.
(3) After the public hearing, but prior to granting final approval, the
Planning Board may permit the final plan to be subdivided into two
or more sections and may impose such conditions upon the filing of
the sections as it may deem necessary to assure the orderly development
of the plat. The approval of such sections may be made concurrently
with the approval of the final plan.
D. Recording of approved final plan.
(1) The approval of the final plan or of an approved section of the final
plan shall expire in 90 days if such final plan or section shall not
have been filed or recorded by the subdivider in the office of the
County Clerk in accordance with § 7-728 of the Village Law.
(2) If the subdivider elects to file only a section of an approved final
plan within the ninety-day period, the section shall encompass at
least 10% of the total number of lots contained in the approved final
plan, and the approval of the remaining sections shall expire unless
recorded within a three-year period. In the event that the subdivider
does not record all of the approved sections in the County Clerk's
office within the ninety-day period, then the entire final plan shall
be filed with the Village Clerk within 30 days of the recording of
any section at the office of the County Clerk.
The Code Enforcement Officer or designee shall:
A. Be appointed by the Village Board, and he shall act as the administrative
officer of the Planning Board with regard to the administration of
these regulations.
B. Receive and examine all subdivisions in the name of the Planning
Board and shall refer copies of all such plans and applications to
appropriate departments of the town, Village, county or state or to
any private companies or engineers involved.
C. Receive information from such departments, individuals and agencies
and shall transmit these comments to the Planning Board.
D. Keep records of all applications and plans and of actions taken by
the Planning Board on such applications and plans.
E. Make or cause to be made all required inspections and shall perform
all other duties called for in these regulations.
F. Inform the subdivider and the Planning Board of any violations of
these regulations which become known to him.
The Planning Board shall review all plans to determine conformity
with these regulations and shall hold public hearings on all final
plans and shall approve, modify and approve or disapprove all plans
submitted and shall grant any necessary modifications, variances or
waivers and shall perform all other duties required under these regulations.
The Planning Board may grant the following modifications and
variances subject to such conditions which will, in its judgment,
secure substantially the objectives of the standards or requirements
so varied or modified.
A. Modification of plan requirements for small subdivisions. In the case of a small subdivision, the final plan requirements may be waived by the Planning Board as specified in §
250-23.
B. Hardship. The Planning Board may grant a variance to the provisions
contained herein where by reason of the size or exceptional shape
of a specific piece of property, or where by reason of exceptional
topographic conditions, the strict application of these regulations
would result in extreme practical difficulties and undue hardship
upon the owner of such property; provided, however, that such relief
may only be granted without detriment to the public good and without
substantially impairing the intent and purposes of these regulations.
C. Large-scale and cluster developments. The standards and requirements
of these regulations may be modified by the Planning Board in the
case of plans for complete communities or neighborhood units or cluster-type
developments as may be permitted in the Zoning Ordinance or other large-scale developments which, in the judgment
of the Planning Board, achieve substantially the objectives of the
regulations contained herein and which are further protected by such
covenants or other legal provisions as will assure conformity to and
achievement of the plan.
D. Modification of required improvements. The Planning Board may, subject to appropriate conditions, waive the provisions of any or all of the required improvements specified in Article
III, which in its opinion are not required in the interest of the public health, safety and general welfare or which are inappropriate because of the inadequacy of connecting facilities.
E. Procedure for applying. Applications for modifications and variances
shall be submitted in writing by the subdivider at the time the preliminary
plan or final plan is filed with the Planning Board. The application
shall state fully the grounds and all the facts relied upon by the
applicant.
The Village Board may, by local law, provide that a violation of these regulations is declared to be an offense, punishable as provided in Chapter
1, General Provisions, Article
I, General Penalty, of the Code of the Village of Manchester.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any subdivider aggrieved by a finding, decision or recommendation
of the Planning Board or the Code Enforcement Officer or designee
may request and receive opportunity to appear before that Board, present
additional relevant information and request reconsideration of the
original finding, decision or recommendation. Any person or persons,
jointly or severally aggrieved by any decision of the Planning Board
concerning such plat or the changing of the zoning regulations of
such land, may bring a proceeding to review in the manner provided
by Article 78 of the Civil Practice Law and Rules in a court of record
on the ground that such decision is illegal, in whole or in part.
Such proceeding must be commenced within 30 days after the filing
of the decision in the office of the Village Clerk.
These regulations may, from time to time, be revised, modified
or amended as prescribed by local and state laws.
The Planning Board shall keep a record of its findings, decisions
and recommendations relative to all subdivision plans filed with it
for review and shall also keep a record of its actions and the grounds
for granting a modification or variance.
In the interpretation and the application of the provisions
of these regulations, they shall be held to be the minimum requirements
for the promotion of the health, safety, morals and general welfare.
In general, the provisions contained herein shall apply to residential
subdivisions. Standards applying to commercial and industrial subdivisions
shall be subject to individual review and determination in each case.
These regulations shall become effective from the date of their
adoption by resolution of the Planning Board and by the approval of
the same by the Village Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Fees shall be paid to the Village Clerk and credited to the
Village General Fund at the time of the filing of the preliminary
plan. Fees shall be as provided in the Fee Schedule on file in the
Clerk's office.