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 chapter.
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 this chapter. The Planning Board may require,
however, when it deems it necessary for protection of the public health,
safety, and welfare, that a minor subdivision complies with all or
some of the requirements specified for major subdivisions in this
chapter.
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.
(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 the Village Law, except where a modification may be specifically authorized by the Planning Board.
(5)
Be accompanied by a fee in an amount as set from time to time by
the Village Board of Trustees at least two weeks before the next regularly
scheduled Planning Board meeting. If the applicant subsequently elects
not to file an application for approval of a subdivision plat, 1/2
of the fee shall be returned.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 Planning 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 shall also notify
the Livingston County Planning Board and the County Superintendent
of Highways 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 shall report 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 Planning Board 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.
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 the Village
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 the Village 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
Planning Board shall institute proceedings to have said plat stricken
from the records of the County Clerk.
H.
Signing of plat.
(1)
Every subdivision plat submitted to the Planning Board for its approval
shall carry the following endorsement:
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"Approved by resolution of the Planning Board of the Village
of Avon, 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 plat, as approved, and shall void this approval. Signed
this _____ day of __________, 20_____, by
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Chairman
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Secretary
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(2)
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 § 239-k of the General Municipal Law.
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 a
performance bond in an amount estimated by the Planning Board to secure
to the Village the satisfactory construction and installation of the
uncompleted 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 the Village Law and shall
be satisfactory to the Village Attorney 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. Said improvements shall include but not be limited to 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 Zoning Enforcement Officer shall
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 the
Zoning Enforcement Officer 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.
(1)
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.
(2)
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 register 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 at any time prior to revocation of said offer by the owner of
the land or his agent.
(3)
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.
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 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.
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, which
sum shall constitute a trust fund to be used by the Village Board
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 covering future title, dedication and provision for the cost
of grading, development, equipment and maintenance of any park or
playground area.
Upon posting of the performance bond in accordance with § 31-7A and after approval and filing of the subdivision plat, the subdivider may initiate land sales or construction of the subdivision itself.
