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.
A.
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Planning Board at least 10 days prior to the regular meeting of the Board two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of § 300-21 for the purposes of classification and preliminary discussion.
B.
Discussion of requirements and classification. 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, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information. 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 a 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 § 300-6 of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in §§ 300-7, 300-8 and 300-9.
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.
Notification. The Planning Board shall inform the subdivider within
30 days after submission, as to whether his sketch plans and data,
as submitted or as modified, do or do not meet the objectives of these
regulations. If said plans and data do not meet the objectives, the
Board shall express its reasons therefor.
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 a written 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 § 300-22.
(2)
All applications for plat approval for minor subdivision shall be
accompanied by a fee set from time to time by the Common Council by
resolution.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Number of copies. Five copies of the subdivision plat shall be presented
to the Secretary of the Planning Board at least 10 days prior to a
scheduled monthly meeting of the Planning Board.
C.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Board, at least 10 days prior to which the application for plat approval, complete and accompanied by the required fee and all data required by § 300-22 of these regulations, shall have been filed with the Secretary of the Planning Board.
D.
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.
E.
Public hearing. A public hearing shall be held by the Planning Board
in accordance with General City Law § 32.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
Action on subdivision plat. The Planning Board shall, within 62 days
from the time of submission of the plat for approval, approve, modify
and approve or disapprove the subdivision plat.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Application and fee.
(1)
Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file a written application for the consideration of a preliminary plat of the proposed subdivision, in the form described in § 300-23 hereof. The preliminary plat shall, in all respects, comply with the requirements of the General City Law and of these regulations, except where a waiver may be specifically authorized by the Planning Board.
(2)
The application for conditional approval of the preliminary plat
shall be accompanied by a nonrefundable fee set from time to time
by the Common Council by resolution. Large-scale planned residential,
commercial or industrial districts shall be assessed a fee set from
time to time by the Common Council by resolution. For the determination
of fee, the type of development shall be determined by the Planning
Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Number of copies. Five copies of the preliminary plat shall be presented
to the Secretary of the Planning Board at least 10 days prior to a
regular monthly meeting of the Planning Board.
C.
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date of the regular monthly meeting of the Planning Board at least 10 days prior to which the application for conditional approval of the preliminary plat, complete and accompanied by the required fee and all data required by § 300-23 of these regulations, shall have been filed with the Secretary of the Planning Board.
D.
Subdivider to attend Planning Board meeting. The subdivider, or his
duly authorized representative, shall attend the Planning Board meeting
to discuss the preliminary plat.
E.
Study of preliminary plat. 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, and
shall classify as to type the streets shown on the preliminary plat.
Particular attention shall be given to the arrangement and location
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 as yet unsubdivided and the requirements of the
Master Plan, the Official Map and zoning regulations,[1] as such may exist.
F.
Conditional approval of the preliminary plat.
(1)
Within 62 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 grounds of any modifications required or the grounds for disapproval
shall be stated upon the records of the Planning Board. Failure of
the Planning Board to act within such 62-day period shall constitute
a conditional approval of the preliminary plat.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
When granting conditional approval to a preliminary plat, the Planning
Board shall state the conditions of such approval, if any, with respect
to the following:
(a)
Specific changes which it will require in the preliminary plat.
(b)
Character and extent of the required improvements for which
waivers may have been requested and which in its opinion may be waived
without jeopardy to the public health, safety, morals and general
welfare.
(c)
Amount of improvement or the amount of all bonds therefor which
it will require as prerequisite to the approval of the subdivision
plat. 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, one retained by the Planning
Board and one retained by the City Planner. Conditional approval of
a preliminary plat shall not constitute approval of the subdivision
plat, but rather it shall be deemed as an expression of approval of
the design submitted on the preliminary plat as a guide to the preparation
of the subdivision plat, which will be submitted for approval of the
Planning Board and for recording upon fulfillment of the requirements
of these regulations and the conditions of the conditional approval,
if any. Prior to approval of the subdivision plat, the Planning Board
may require additional changes as a result of further study of the
subdivision in final form or as a result of new information obtained
at the public hearing.
[Amended 8-17-2017 by L.L. No. 3-2017]
A.
Application for approval and fee.
(1)
The subdivider shall, within six months after the conditional approval
of the preliminary plat, file with the Planning Board an application
for approval of the subdivision plat in final form, using the approved
application blank available from the Secretary of the Planning Board.
(2)
If the final plat and other supplementary documents are not submitted
within six months after the conditional approval of the preliminary
plat, the Planning Board may refuse to approve the final plat and
require resubmission of the preliminary plat.
(3)
If desired by the subdivider, the final plat may consist only of
that portion of the approved preliminary layout which he proposes
to record and develop at one time, provided that such portion conforms
to all applicable requirements of these regulations and that the subdivision
is being submitted for approval progressively in contiguous sections
satisfactory to the Planning Board.
B.
Number of copies. A subdivider intending to submit a proposed subdivision
plat for the approval of the Planning Board shall provide the Secretary
of the Board with a copy of the application and five copies of the
plat, the original and two copies of all offers of cession, covenants
and agreements and five prints of all construction drawings at least
10 days in advance of the regular monthly Planning Board meeting at
which it is to be officially submitted.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Time of official submission. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Board at least 10 days prior to which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by § 300-24 of these regulations, shall have been filed with the Secretary of the Planning Board.
D.
Endorsement of state and county agencies. Private water and sewer
facility proposals contained in the subdivision plat shall be properly
endorsed and approved by the Clinton County Department of Health.
Application for approval of plans for sewer or water facilities will
be filed by the subdivider with all necessary City, county and state
agencies.
E.
Public hearing. A public hearing shall be held by the Planning Board
in accordance with General City Law § 32.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
Action on proposed subdivision plat.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
The Planning Board shall, within 62 days from the time of submission of the plat for approval, approve, modify and approve or disapprove the subdivision plat. However, the subdivision plat shall not be signed by the authorized officers of the Planning Board for recording until the subdivider has complied with the provisions of § 300-9.
(2)
Failure of the Planning Board to approve, modify and approve or disapprove
the final plat, within 62 days from the time of submission of the
plat for approval, shall result in the automatic approval of such
final plat. The certificate of the City Clerk as to the official date
of public hearing and the failure of the Planning Board to take action
thereon within such 62-day period shall be issued to the subdivider
upon demand and shall be sufficient in lieu of any written notation
or endorsement or other evidence of final approval herein required.
[Amended 8-17-2017 by L.L. No. 3-2017]
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 Subsections A(1) and (2) below [Subsections A(3) and (4) shall apply to either procedure thus followed]:
(1)
In an amount set by the Planning Board or the City Planner, the subdivider
shall either file with the City Clerk a certified check to cover the
full costs of the required improvements or the subdivider shall file
with the City Clerk a performance bond to cover the full cost of the
required improvements. Any such bond shall comply with the requirements
of the General City Law and shall be satisfactory to the Corporation
Counsel and City Planner 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 City Planner, 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 or not
approved but the City Planner, the subdivider shall file with the
City Clerk a bond or certified check covering the costs of such improvements.
Any such bond shall be satisfactory to the Corporation Counsel and
City Planner as to form, sufficiency, manner of execution and surety.
(3)
In either procedure of Subsection A(1) or (2) set forth above, the subdivider shall further be required to post with the City Clerk a certified check or bond in the amount of at least 25% of the full cost of the required improvements to ensure the satisfactory condition and functioning of all required improvements for a period of one calendar year next following the date of certification of satisfactory completion, installation or construction of such improvements as provided in Subsections A(1) or (2) above.
(4)
The required improvements shall not be considered to be completed until the installation of the improvements has been approved, in writing, by the City Planner and a map and as-built construction drawings satisfactory to the City Planner have been submitted, which shall indicate the location of monuments, note all underground utilities as actually installed and further indicate the as-built profile street grades and elevations of all manholes, inverts and catch basins. 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 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 City Planner that unforeseen conditions
make it necessary or preferable to modify the location or design of
such required improvements, the City Planner may authorize modifications,
provided that these modifications are within the spirit and intent
of the Planning Board's approval and do not constitute a waiver or
substantial alteration of the function of any improvements required
but the Board. The City Planner shall issue any such authorization
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 City Clerk any inspection fee required by the various City departments
and shall notify the City Planner in writing of the time when he proposed
to commence construction of such improvements so that the City Planner
may cause inspection to be made to assure that all City 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 City Planner shall find,
upon inspection of the improvement performed before the expiration
date of the performance bond, that any of the required improvements
have not been constructed in accordance with plats and specifications
filed by the subdivider, or do not function satisfactorily, he shall
notify the subdivider and, if necessary, the bonding company and take
all necessary steps to preserve the City's rights under the bond.
No plat, whether or not an extension, section or portion of any previously
submitted plat, shall be approved until and unless all conditions
necessary for approval of previously submitted plats have been satisfied
and final approval shall have been granted in accordance with these
regulations. No plat shall be approved by the Planning Board as long
as the subdivider is in default on previously approved plat.
E.
Offers of cession. The subdivider shall tender offers of cession,
in a form approved by the Corporation Counsel, of all land included
in streets, highways, school sites, parks or public open spaces and
shall obtain a certificate from the Corporation Counsel approving
the legal sufficiency of the offers of cession of all areas for public
use, such as parks, streets, playgrounds and school sites. However,
approval of the final plat by the Planning Board does not constitute
acceptance by the City of the dedication of any street, highway, park,
easement or other public open space.
A.
Final approval and filing. Upon completion of the requirements in §§ 300-6, 300-8 and 300-9 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 (Chairman or Acting Chairman) and may be filed by the applicant in the office of the 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 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 one or more extensions, each of which shall not exceed a period of 90 days.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
A.
Upon approval of the final plat and posting of bonds in accordance with §300-9A(1), (2) and (3) of these regulations, or upon certification of completion or installation of all required improvements to the satisfaction of the City Planner and the posting of a bond in accordance with,§ 300-9A(3) the subdivider may be issued building permits for the construction of buildings in accordance with the approved subdivision and the Zoning Ordinance.[1]
[Amended 8-17-2017 by L.L. No. 3-2017]
B.
Upon completion of all required public improvements to City standards
and upon certification of this by the City Planner, the subdivider
may be issued certificates of occupancy for any buildings constructed
in the subdivision.
[Amended 8-17-2017 by L.L. No. 3-2017]
C.
No certificate of occupancy shall be issued until the grading and
respreading of topsoil has been completed, unless a bond in an amount
sufficient to guarantee the proper grading of the property and the
respreading of the topsoil shall have been posted.
D.
Unless building permits have been issued within one calendar year next following the date of filing of an approved final plat with the County Clerk, such approval of final plat shall be revoked, except that a time extension may be granted in accordance with Article VIII herein.
E.
No building permits shall be issued following revocation of approval
of a final plat until another application for approval of final plat
has been filed and approval granted by the Planning Board.
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 City of such area. The Planning Board may also
require the filing of a written agreement between the applicant and
the City Council covering future deed and title, dedication and provision
for the cost of grading, development, equipment and maintenance of
any such recreation area.
