A.
Whenever
any subdivision of land is proposed, before any contract for the sale
of any part thereof, and before any permit for the erection of a structure
in such proposed subdivision shall be granted, the subdividing owner,
or his authorized agent, shall apply for and secure approval of such
proposed subdivision in accordance with the procedures set forth in
this article.
B.
Minor subdivisions, where property is exchanged by adjoining property owners, or where one existing lot is to be subdivided into no more than two lots, and such lots conform with the definition of a "minor subdivision," as contained in this chapter, are not subject to the provisions of this article, when, in the determination of the Code and Zoning Enforcement Officer, such transfer of property does not cause either property to come into nonconformity with Chapter 330, Zoning, of the Code of the Village of Dansville, or does not expand the nonconformity of existing nonconforming properties.
[Added 3-14-1995 by L.L.
No. 1-1995]
A.
Discussion of requirements and classification.
(1)
Before preparing the preliminary plat, the applicant shall discuss
with the Planning Board, or its representative, the requirements of
land, street improvements, drainage, sewerage, water, fire protection,
and similar aspects as well as the availability of existing services.
(2)
Classification of the proposed preliminary plat 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 a minor subdivision comply with all or some
of the requirements specified for major subdivisions in these regulations.
B.
Application procedure. Prior to filing an application for the approval
of a subdivision plat, the applicant shall file an application for
the approval of a preliminary plat. The application shall:
(1)
Be made on forms available at the office of the Village Clerk-Treasurer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Include all land which the applicant proposes to subdivide as well
as all lands owned by the applicant adjacent to the area proposed
for subdivision.
(4)
Comply in all respects with Article IV of this chapter and with the provisions of §§ 7-728 and 7-732 of the Village Law, except where a modification may be specifically authorized by the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(5)
Be accompanied by a fee of $80 plus $50 for each lot within the subdivision
proposed for approval at least two weeks before the next regularly
scheduled Planning Board meeting. The minimum shall be $80. If the
applicant subsequently elects not to file an application for approval
of a subdivision plat, 1/2 the fee shall be returned.
C.
Study of preliminary plat. The Planning Board will carefully 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 will be given to the arrangement,
location, and width of streets, their relation to the topography of
the land, sewerage disposal, drainage, lot sizes and arrangement,
the future development of adjoining land and the requirements of the
Comprehensive Plan and the Official Map as they may be adopted.
D.
Applicant to attend Planning Board meeting. The applicant should
be prepared to attend the next regular meeting of the Planning Board
and any subsequent meetings deemed necessary by the Chairman of the
Planning Board to discuss the preliminary plat.
E.
Required changes for conditional approval. Within 45 days after the
time of submission of a preliminary plat, the Planning Board shall
take action to conditionally approve, with or without modifications,
or disapprove such preliminary plat and the ground of any modification
required or the ground for disapproval shall be stated upon the records
of such Planning Board. Failure of the Planning Board to act within
such forty-five day period shall constitute a "conditional approval"
of the preliminary plat.
A.
Application procedure. Within six months of the conditional approval
of the preliminary plat, the applicant shall file with the Planning
Board an application for approval of a subdivision plat. The application
shall:
(1)
Be made on forms provided by the Planning Board at the time of conditional
approval of the preliminary plat.
(2)
Include the entire subdivision.
(5)
Comply in all respects with the preliminary plat as conditionally
approved.
(6)
Be presented to the Chairman of the Planning Board at least two weeks
prior to a regular meeting of the Board in order that a public hearing
may be scheduled and the required notice given.
B.
Official submittal date. The subdivision plat shall be considered
officially submitted only at the regular meeting of the Planning Board
following completion of the application procedure outlined above.
C.
Endorsement of State Health Department. The proposed subdivision
plat shall be properly endorsed by the State Health Department as
meeting the standards of the State Sanitary Code, Public Health Law,
or other applicable health codes, before any public hearing is scheduled.
The plat should be in final form before State Health Department approval.
D.
County Official Map notification. The Planning Board will also, if
the county has established a County Official Map, notify the Livingston
County Planning Board and the County Superintendent of Highways or
Commissioner of Public Works, if the subdivision plat proposes structures
or new streets having frontage on, access to, or is otherwise directly
related to any county road, existing or proposed, as shown on the
County Official Map. The County Planning Board reports to the Planning
Board within 30 days on its approval or disapproval or on its approval
subject to stated conditions of the proposed subdivision plat. The
plat may be approved by the Village subject to stated conditions,
notwithstanding such report, when the application of such report will
act to deprive the owner of the reasonable use of his land.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Public hearing. Before the Planning Board acts on any subdivision
plat, it shall hold a public hearing thereon within 30 days after
the time of official submittal date in accordance with Section 179k
of the Town Law. If any zoning changes are to be requested at the
time of approval of the subdivision plat, a public hearing thereon
must be held in accordance with Section 179p of the Town Law. The
two public hearings may be held at the same time.
F.
Action on proposed subdivision plat. After careful study, the Planning
Board shall, within 45 days from the public hearing on the subdivision
plat, approve, modify, or disapprove such plat. The grounds for disapproval
of any plat shall be stated on the records of the Planning Board.
A subdivision plat shall not be signed by the authorized officers
of the Planning Board until the applicant has met all the conditions
of the action granting approval of such plat.
G.
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 Board and endorsed, in writing, on the plat.
In the event that any subdivision plat, when recorded, contains any
such changes, the plat shall be considered null and void, and the
Board shall institute proceedings to have said plat stricken from
the records of the County Clerk.
H.
Signing the plat. Every subdivision plat submitted to the Board for
its approval shall carry the following endorsement:
|
"Approved by Resolution of the Planning Board of the Town of
North Dansville, New York, on the day of _____, 20_____, subject to
all requirements and conditions of said Resolution. Any change, erasure,
modification, or revision of this Plat, as approved, shall void this
approval.
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|
Signed this day of _____, 20___, by
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|
Chairman
|
Secretary
| |
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In the absence of the Chairman or Secretary, the Acting Chairman
or Acting Secretary, respectively, may sign in his place. If there
is a County Official Map, such endorsement shall stipulate that the plat
does not conflict with the County Official Map or, in cases where
the plat does front on, or have access to, or is otherwise related
to roads or drainage systems shown on the County Map, that such Plat
has been approved by the County Planning Board in the manner specified
by Section 239-n of the General Municipal Law.
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[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Improvements and performance bond. Prior to an action by the Planning
Board approving a subdivision plat, the applicant shall be required
to complete, in accordance with the Planning Board's decision
and to the satisfaction of the appropriate Village Department, all
the street, sanitary, and other improvements specified in the action
approving said plat or, as an alternative, to file with the Village
Board of Trustees a performance bond in an amount estimated by the
Planning Board to secure to the Village the satisfactory construction
and installation of the incomplete portion of the required improvements.
A period of one year, or such other period as the Planning Board may
determine appropriate, within which required improvements must be
completed, shall be specified by the Planning Board and expressed
in the bond. Such performance bond shall comply with the requirements
of § 7-730, Subdivision 9, of the Village Law and shall
be satisfactory to the Village Board of Trustees as to form, sufficiency,
and manner of execution. The bond shall be retained for a period of
one year after the date of completion of the required improvements
to assure their satisfactory condition. All required improvements
shall be made by the applicant at his expense without reimbursement
by the Village or any district therein. Said improvements shall include
the following:
(1)
Streets and streetlighting facilities.
(2)
Street signs.
(3)
Curbs and gutters.
(4)
Grass curb strips.
(5)
Sidewalks.
(6)
Street shade trees.
(7)
Monuments.
(8)
Stormwater runoff system.
(9)
Sanitary sewage collection system.
(10)
Water supply system.
(11)
Park and recreation facilities.
(12)
Electrical, telephone, and utility lines.
(13)
Plantings and ground cover.
B.
Inspection of improvements. The Village may employ an inspector to
act as agent to the Planning Board for the purpose of assuring the
satisfactory completion of improvements required by the Planning Board
and shall determine an amount sufficient to defray costs of inspection.
The applicant shall pay the Village costs of inspection before the
subdivision plat is signed for filing. If the Planning Board or its
agent finds, upon inspection, that any of the required improvements
have not been constructed in accordance with Planning Board recommendations
or the approved construction detail sheet, the applicant and the bonding
company will be severally and jointly liable for the costs of completing
said improvements according to specifications.
C.
Offers of cession and release. The Plat shall be endorsed with the
necessary agreements in connection with required easements or releases.
Offers of dedication to the Village shall be presented prior to plat
approval. Formal offers of dedication to the Village of all streets
and parks, not marked on the plat with notation to the effect that
such dedication will not be offered, shall be filed with the Planning
Board prior to plat approval. If the owner of the land or his agent
who files the plat does not add as part of the plat a notation to
the effect that no offer of dedication of such streets, highways,
or parks or any of them is made to the public, the filing of the plat
in the office of the County Clerk or registrar shall constitute a
continuing offer of dedication of the streets, highways, or parks
or any of them to the public and said offer of dedication may be accepted
by the Village Board of Trustees at any time prior to revocation of
said offer by the owner of the land or his agent. Before final approval
of the subdivision plat, the Planning Board will require a certificate
of approval from the Village Attorney as to the legal sufficiency
of the offers of cession by the subdivider of the areas for public
use such as parks, streets, playgrounds, and other areas.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Upon completion of all requirements set forth in the action
approving the subdivision plat 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 Planning Board
and may be filed by the applicant in the office of the Livingston
County Clerk. Any subdivision plat not so filed and recorded within
90 days of the date upon which said plat is approved or considered
approved by reasons of the failure of the Planning Board to act, shall
become null and void unless the particular circumstances of said applicant
warrant the Planning Board to grant an extension which shall not exceed
two additional periods of 90 days. The applicant shall provide the
Village Clerk-Treasurer with a copy of the plat certified by the County
Clerk as to being the true and certified copy of said plat on file
in the county office.
For a resubdivision, the same procedure, rules, and regulations
apply as for a subdivision.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The approval by the Planning Board of a subdivision plat shall
not be deemed to constitute or imply the acceptance by the Village
of any street, park, playground, or other open space shown on said
plat. The Planning Board may require said plat to be endorsed with
appropriate notes to this effect. If the Planning Board determines
that a suitable park or parks of adequate size cannot be properly
located in any such plat or is otherwise not practical, the Board
may require as a condition to approval of any such plat a payment
to the Village of a sum to be determined by the Village Board of Trustees,
which sum shall constitute a trust fund to be used by the Village
Board of Trustees exclusively for neighborhood park, playground, or
recreation purposes including the acquisition of property. The Planning
Board may require the filing of a written agreement between the applicant
and the Village Board of Trustees covering future title, dedication,
and provision for the cost of grading, development, equipment, and
maintenance of any park or playground area, as well as a written agreement
covering the maintenance and plowing of all streets within the subdivision
until such time as they are accepted for public maintenance by the
Village Board of Trustees.
