A. 
All final subdivision plans and applications, together with all required supporting data, shall be submitted to the Code Enforcement Officer or designee, who shall act as the official administrative officer of the Planning Board. After such a submission, a public hearing shall be held on the plan by the Planning Board, after which the Planning Board shall determine the conformity of the final plan with these regulations and shall thereupon approve, modify and approve or disapprove such plan.
B. 
Prior to the submission of the final subdivision plan, the subdivider may submit both a sketch plan and a preliminary plan to the Planning Board. The purpose of the submission of these plans shall be for the convenience of the subdivider and for the purpose of assisting the subdivider in meeting the requirements of these regulations at a minimum expense and cost and with maximum practical convenience.
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[1] 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.
[1]
Editor's Note: See Ch. 290, Zoning.
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.