[HISTORY: Adopted by the Board of Trustees of the Village of Flower Hill 11-10-1999 by L.L. No. 3-1999; amended in its entirety 5-6-2019 by L.L. No. 5-2019. Subsequent amendments noted where applicable.]
The Board of Trustees of the Village of Flower Hill recognizes that as the Village does not have a Planning Board that meets regularly and is not familiar with current property and zoning issues within the Village, the Board hereby transfers those Planning Board powers to itself under § 7-718 of the Village Law of the State of New York.
The Board of Trustees shall be empowered to review and approve preliminary and final plats of subdivisions pursuant to the provisions of Village Law §§ 7-728 and 7-730.
Minor subdivisions. Subdivisions are deemed to be minor subdivisions where the same shall involve the creation of not more than three lots from a single parcel, and where neither public streets, water nor sewer lines shall be created; nor drainage improvements installed that pass through more than one lot.
Major subdivisions. Any subdivision that is not a minor subdivision.
The Board of Trustees is empowered in connection with any specific application, either to review and approve site plans pursuant to the provisions of Village Law § 7-725-a.
The Board of Trustees shall, by resolution, adopt forms and submission requirements for an application for subdivision, which application shall be made upon forms provided by the Village. The application shall contain instructions specifying the materials to be submitted with the forms. Separate application packages shall be available for major and for minor subdivisions. An original and seven copies of the application shall be filed with the Village Clerk or Village Clerk-Treasurer, together with the appropriate filing fees.
The applicant for any subdivision shall be the fee owner of the property or a contract vendee thereof.
In any major subdivision, the applicant shall submit with the subdivision a schedule of specifications showing:
The materials to be used and methods to be adopted in the construction of streets, curbs, gutters, drains and underground piping, as applicable.
Grades of streets showing the courses and disposition of surface waters and the location of drains.
Proposed plantings for shoulders of streets and in parks, streetlighting, landscaping and retaining walls.
A plat for a major subdivision shall specify by diagram or reference notes:
Additional plat requirements for major subdivisions:
The application must be accompanied by an offer to dedicate to the Village all streets within the platted property over which it is intended the public shall have a right-of-way. The offer of dedication must be executed by the owner of the fee and directed to the Board of Trustees. The offer of dedication shall obligate the owner of the fee to furnish, at the time of dedication, a title policy covering the bed of the streets in favor of the Village.
A performance bond in an amount to be determined by the Board of Trustees shall be required to ensure completion of all required street and drainage improvements within two years.
When the improvements covered by the performance bond and the Board of Trustees resolution have been completed and certified as satisfactory by the Village Engineer, the contractor or developer shall post a maintenance bond in an amount not less than 10% of the amount of the performance bond, to secure the proper maintenance and repair of the said improvements for an additional year. This shall be done as a condition precedent to the release of the original performance bond.
An inspection fee shall be paid to the Village in accordance with Chapter A243, Fees, Charges and Deposits.
All underground utilities and drains must be installed prior to final paving of streets.
The applicant shall follow all procedures as set forth in the directions for a planning application which may be amended from time to time by resolution of the Board of Trustees.
Upon a finding by the Board of Trustees, based upon an evaluation of present and future needs for park or recreational facilities as a result of the impact of the proposed project, the Board may, in its discretion, require an applicant to provide for a park or parks suitably located within the plat for park or recreational purposes.
Where the Board shall determine that the creation of a park or recreational facilities is appropriate, but that the land shown on the plat is inadequate for the creation thereof, the Board may require the payment of a sum of money in lieu thereof, in an amount to be established by the Board. Funds derived from any such payment shall be deposited into a trust fund exclusively for park or other recreational use, including the acquisition of real and personal property.
Plat approval shall be subject to such other or additional requirements as the Board of Trustees may deem appropriate and as shall be adopted by resolution in the interests of public health, safety and welfare.
The failure by an applicant to comply with any of the procedures or filing requirements set forth in this chapter, or the existence of any outstanding violation against the subject property, shall be grounds for the rejection of the application or appeal.