A.
It is declared to be the policy of the Village Board of Trustees
to direct the Planning Board to consider land subdivision plats as
part of a plan for the orderly, efficient and economical development
of the Village. This means, among other things, that land to be subdivided
shall be of such character that it can be used safely for building
purposes without danger to health, or peril from fire, flood or other
menace; that proper provision shall be made for drainage, water supply,
sewerage and other needed improvements; that all proposed lots shall
be laid out and sized in accordance with applicable zoning; that the
proposed roads shall compose a convenient system properly related
to the Village's Comprehensive Plan and shall be of such width,
grade, and location as to accommodate the prospective traffic, to
facilitate fire protection, and to provide access of firefighting
equipment to buildings; and that proper provision shall be made for
open spaces, parks, and playgrounds.
B.
Failure to notify the Code Enforcement Officer of any conveyance
by subdivision shall be a violation of this chapter and will be enforced
by both civil action and financial penalties inclusive of injunctive
relief to the effect of terminating prior conveyances.
A.
The requirements of this article shall apply to any division of a
lot into two or more lots, whether new streets, public facilities,
or municipal utility extensions are involved or not.
B.
Whenever any subdivision of land is proposed to be made and before
any site modifications are made and before any permit for the erection
of a structure in such proposed subdivision is granted, the subdivider
or a duly authorized agent must apply for in writing and receive approval
of the proposed subdivision in accordance with the requirements of
this article.
C.
Before any plat or licensed survey map of land in the Village to
which the requirements of this article apply is filed with the County
Clerk, the plat or licensed survey map must be approved by the Code
Enforcement Officer or the Planning Board, as applicable, in accordance
with the procedures of this article. No changes, erasures, modifications,
or revisions shall be made in any plat or licensed survey map after
approval has been given by the Code Enforcement Officer or Planning
Board, as applicable, and endorsed in writing on the plat or licensed
survey map, unless the plat or licensed survey map is first resubmitted
to the Code Enforcement Officer or Planning Board and any modifications
approved. In the event that any such plat or licensed survey map is
recorded without complying with this requirement, it shall be considered
null and void, and the Code Enforcement Officer may institute proceedings
to have the plat or licensed survey map stricken from the records
of the County Clerk.
This article recognizes three types of subdivisions, which are
subject to three different review and approval procedures:
A.
Simple subdivision: requires the review of the Code Enforcement Officer
only, provided that a simple subdivision that has frontage on State
Route 14 or State Route 224 shall require the review required for
a minor subdivision.
B.
Minor subdivision: review includes two required submissions by subdivider
and may include a public hearing if considered desirable by the Planning
Board.
C.
Major subdivision: review includes three required submissions by
subdivider and at least one public hearing by the Planning Board.
The following terms shall have the following definitions for
purposes of this article:
A form of development that permits a reduction in lot area
and bulk requirements, provided there is no increase in the number
of lots permitted under a conventional subdivision or increase in
the overall density of development, and the remaining land area is
devoted to open space, active recreation, preservation of environmentally
sensitive areas or agriculture.
The date of submission of required materials shall be considered
to be the date on which the materials for approval complete as determined
by the Planning Board Chair or the Planning Board Chair's designee,
and accompanied by the required fee, are accepted by the Planning
Board Chair, or the designee.
A licensed survey map in final form showing a proposed subdivision,
containing all information and details required by state and local
law, for submission to the Planning Board for purposes of review,
public hearing and approval.
A subdivision of land resulting in four or more lots or the
creation of a fourth lot from the same original lot; or
Any subdivision that involves a new public right-of-way, municipal
utility extension or other new public facility; or
Any cluster subdivision or other subdivision which deviates
from the zoning regulations or other development policy of the Village.
A subdivision of land resulting in three lots or the creation
of a third lot from the same original lot, that does not involve:
A licensed survey map in preliminary form showing a proposed
subdivision, containing all information and details required by state
and local law, for submission to the Planning Board for purposes of
review and public hearing.
Any roads, bridges, sidewalks, utility, storm water, water,
sewer, or other types of infrastructure facilities shown on the approved
final plat.
The division of a lot into two lots; or
Realignment of boundary lines between lots so as to transfer
land from one lot to an adjacent lot; or
Separation of noncontiguous lots (e.g., lots bisected by public
or quasi-public rights-of-way) into separate lots of record without
new boundary alignment.
A sketch of a proposed subdivision showing the form, layout,
roads, public facilities and other information specified in this article.
At any point in the subdivision review process the Planning
Board may choose to, and at the direction of the Village Board of
Trustees shall, retain consultants and/or refer a proposed subdivision
to the county or regional planning staffs for review, comment, and
advice on any aspect of the approval process, subdivision design,
engineering specifications, or other pertinent matters. The cost shall
be borne by the applicant. The Planning Board may, as a condition
to further review of a proposed subdivision, require that an applicant
deposit with the Village Treasurer an amount necessary to pay all
or part of such cost, as the Planning Board shall determine.
A.
Classification of subdivision. The first stage of subdivision is
classification. Classification requires that a subdivider submit a
sketch plat of the proposed subdivision to the Code Enforcement Officer
that provides sufficient detail for the Code Enforcement Officer to
classify the action as to the type of review required. The Code Enforcement
Officer shall confer with the Chair of the Planning Board for comments
and general recommendations as to any adjustment needed to satisfy
the objectives of these regulations. The sketch plat initially submitted
to the Code Enforcement Officer shall be based on tax map information
or on some other similarly accurate base map at a scale (preferably
not less than 1:2,400) that enables the entire tract to be shown on
one sheet. A submitted sketch plat shall show the following information:
(1)
The location of that portion which is to be subdivided in relation
to the entire tract, and the distance to the nearest existing street
intersection.
(2)
All existing structures, wooded areas, streams, wetlands, flood
hazard areas and other significant physical features within the portion
to be subdivided and within 200 feet thereof. If topographic conditions
are significant, contours shall also be indicated at intervals of
not more than 10 feet.
(3)
The names of the owner and of all adjoining property owners
as disclosed by the current tax roll.
(4)
The tax map, block and lot numbers of all lots shown on the
plat.
(5)
All the utilities available and all streets as they appear on
the Official Map.
(6)
The proposed pattern of lots (with dimensions), street layout,
recreation areas, systems of drainage, sewerage and water supply within
the subdivided area.
(7)
All existing restrictions on the use of land, including easements,
covenants and zoning district boundary lines.
(8)
Such additional information as may be required in the case of
minor and major subdivisions as specified in this article.
B.
Simple subdivision review procedure. Upon determination by the Code
Enforcement Officer that a proposed subdivision is to be treated as
a simple subdivision, the Code Enforcement Officer shall either approve
or disapprove of the proposed subdivision. In the event of a disapproval
the Code Enforcement Officer shall provide the applicant with a written
explanation for the disapproval. In any event, final approval cannot
be granted until an official survey map prepared by a surveyor licensed
by New York State has been presented to the Code Enforcement Officer
and such map is sufficient to allow the Code Enforcement Officer to
determine that all of the requirements of the chapter have been satisfied.
Final approval of the simple subdivision by the Code Enforcement Officer
shall be indicated by the Officer's signature and date on the
final survey map.
C.
Initiation of minor or major subdivision review.
(1)
When the Code Enforcement Officer determines that a subdivision
requires Planning Board review, the Code Enforcement Officer shall
notify the Chair of the Planning Board of the pending action. To initiate
a Planning Board review and approval process of any minor or major
subdivision or re-subdivision, the owner/subdivider of the land involved
must submit to the Code Enforcement Officer, at least 10 days'
prior to the regular meeting of the Planning Board, a written request
to approve the proposed subdivision, including any information the
owner considers pertinent, and nine copies of the sketch plat.
(2)
The owner/subdivider, or an authorized representative, shall
attend the meeting of the Planning Board at which the sketch plat
is presented to discuss the requirements of these regulations for
road improvements, drainage, sewerage, water supply, fire protection,
any applicable stormwater management and similar aspects, as well
as the availability of existing services and other pertinent information.
(3)
The Planning Board shall determine whether the sketch plat meets
the requirements of this article. If the sketch plat is insufficient,
the Planning Board may reject the sketch plat with reasons given in
writing. If the sketch plat is sufficient, the Planning Board shall
approve the sketch plat in writing. In such written approval the Planning
Board may also make specific recommendations to be incorporated by
the applicant in any subsequent submission to the Planning Board.
(4)
The Planning Board's approval of a sketch plat shall be
a prerequisite to application for minor or major subdivision approval.
Approval of a sketch plat by the Planning Board in and of itself shall
confer no rights on the owner/subdivider/applicant.
D.
Minor subdivision review procedure.
(1)
Within six months following the date of the Planning Board's
approval of the sketch plat the subdivider shall submit an application
for approval of a subdivision plat. Failure to do so shall require
resubmission of the sketch plat to the Code Enforcement Officer for
reclassification. The subdivision plat shall conform to the layout
shown on the sketch plat as well as incorporate any recommendations
made by the Planning Board, and shall conform to other specific requirements
of this article.
(2)
The application for approval of a minor subdivision plat shall consist of nine copies of the preliminary plat, a completed application form, which form shall be produced by the Planning Board, an application fee in an amount set by the Village Board of Trustees from time to time, and, if applicable, a deposit as described in § 160-60.5 above.
(3)
Each application for minor subdivision plat approval shall contain,
at a minimum, the following information:
(a)
A copy of such covenants or deed restrictions that are intended
to cover all or part of the tract.
(b)
An actual field survey of the boundary lines of the tract, giving
complete descriptive data by bearings and distances, made and certified
by a licensed land surveyor. The corner of each tract shall also be
located on the ground and marked with an approved pin, pipe, or monument
and shall be referred to and shown on the plat.
(c)
All on-site sanitation and water supply facilities (if any)
shall be designed to meet the specifications of the Schuyler County
Health Department; approval shall be stated on the plat and signed
by an officer of the Health Department.
(d)
The proposed subdivision name (if any), and the names of the
town(s) in which it is located.
(e)
The date, a true-north arrow, the map scale, and the names,
addresses and phone numbers of all owners of record and the subdivider.
(4)
Upon receipt of a complete application for minor subdivision plat approval, the Planning Board shall schedule a meeting to review such application. The owner/subdivider, or a duly authorized representative, shall attend such meeting. If required by the Planning Board, a public hearing shall be held within 45 days of the date of submission of the application. The hearing shall be advertised in the official newspaper of the Village at least five days before such hearing. If a public hearing is required, the Planning Board shall make the decision required by Subsection D(5) below within 45 days following the close of the hearing. If no public hearing is required, the Planning Board shall make the decision required by Subsection D(5) below within 45 days from the date of submission of the application. The fourty-five-day time limitation may be extended by the mutual consent of the Planning Board and the applicant.
(5)
Following review of the application and, if required, the public
hearing, the Planning Board shall either approve or disapprove the
application. An approval shall authorize the chairman of the Planning
Board to sign the final plat as evidence of such approval.
E.
Major subdivision review procedure: approval of the preliminary plat.
(1)
Prior to the filing of an application for the approval of a
major subdivision plat, the subdivider shall file an application for
the approval of a preliminary plat of the proposed subdivision. Such
application shall be submitted within six-months following the Planning
Board's approval of the sketch plat.
(2)
The application for approval of a preliminary plat shall consist of nine copies of the preliminary plat, a completed application form, which form shall be produced by the Planning Board, an application fee in an amount set by the Village Board of Trustees from time to time, and, if applicable, a deposit as described in § 160-60.5 above.
(3)
The application for approval of a preliminary plat shall include,
at a minimum, the following information:
(a)
The proposed subdivision name, the names of the town(s) in which
it is located, the date, a true-north arrow, the map scale, and the
names, addresses and phone numbers of all owners of record, the subdivider,
and the engineer or surveyor, including license number and seal.
(b)
The names of the owners of record of all adjacent property.
(c)
The zoning district, including exact boundary of districts,
where applicable, and any proposed changes in the zoning district
lines or the zoning regulations' text applicable to the area
to be subdivided.
(d)
All parcels of land proposed to be dedicated to public use and
the condition of such dedication.
(e)
The locations of existing property lines, easements, buildings,
watercourses, marshes, rock outcrops and wooded areas.
(f)
The locations of existing sewers, water mains, culverts, and
drains on the property, with pipe sizes, grades and direction of flow.
(g)
Contours with intervals of 10 feet or less as required by the
Planning Board, including elevations on existing roads, and an approximate
grading plan if natural contours are to be changed more than two feet.
(h)
The width and location of any streets or public ways or places
shown on the Official Map of the Ulysses Comprehensive Plan within
the area to be subdivided, and the width, location, grades and street
profiles of all streets or public ways proposed by the developer.
(i)
The approximate location and size of all proposed water lines,
valves, hydrants, sewer lines, and fire alarm boxes.
(j)
Connection to existing lines or alternate means of water supply
or sewage disposal and treatment as provided in standards published
by the Schuyler County Health Department.
(k)
Profiles of all proposed water and sewer lines.
(l)
All requirements as specified in local laws of the Village of
Montour Falls governing stormwater runoff; a stormwater management
plan indicating the approximate location, construction and size of
swales; and proposed lines and their profiles.
(m)
Plans and cross-sections showing the proposed new location and
types of sidewalks, streetlighting standards, street trees, curbs,
water mains, sanitary sewers and storm drains, and the size and type
thereof; the character, width and depth of pavements and subbase;
the location of manholes, basins, and underground conduits.
(n)
Preliminary designs of any bridges or culverts which may be
required.
(o)
The proposed lot lines with the approximate dimensions and area
of each lot.
(p)
Where the topography is such as to make difficult the inclusion
of any of the required facilities within the public areas as laid
out, the preliminary plat shall show the boundaries of proposed permanent
easements over or under private property, which permanent easements
shall not be less than 20 feet in width, and which shall provide satisfactory
access to an existing public highway or other public open space shown
on the preliminary plat.
(q)
An actual field survey of the boundary lines of the tract, giving
complete descriptive data by bearings and distances, made and certified
to by a licensed land surveyor. The corners of the tract shall also
be located on the ground and marked with a pin, pipe or monument,
and shall be referred to and shown on the plat.
(r)
If the application covers only a part of the subdivider's
holding, a map of the entire tract shall be submitted so that the
part of the subdivider's holding covered in the application can
be considered in the light of the entire holding. This map shall be
drawn at a scale of not less than 1:4,800 and shall show an outline
of the platted area with its proposed streets, and an indication of
any probable future street system with its grades and drainage in
the remaining portion of the tract, and any probable future drainage
layout of the entire tract.
(s)
A copy of any covenants or deed restrictions that are intended
to cover all or part of the tract.
(t)
The preliminary plat shall be clearly marked with the words
"preliminary plat" and shall be in the form described in this article.
(4)
Upon receipt of a complete application for approval of a preliminary
site plan, the Planning Board shall schedule a meeting to review such
application. The owner/subdivider, or a duly authorized representative,
shall attend such meeting. At such meeting the Planning Board shall
study the practicability of a preliminary plat, taking into consideration
the requirements of the community and the best use of the land being
subdivided. Particular attention shall be given to the arrangement,
location and width 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 not yet subdivided, and
the requirements of the Village Comprehensive Plan and Zoning Regulations.
(5)
Within 45 days of the date of submission of an application for
approval of a preliminary plat, the Planning Board shall hold a public
hearing on such application. The public hearing shall be advertised
at least once in the official newspaper of the Village at least five
days before such hearing. The Planning Board may provide that the
hearing be further advertised in such manner as it deems most appropriate
for full public consideration of such preliminary plat.
(6)
Within 45 days of the date of the public hearing, the Planning
Board shall approve with or without modification or disapprove the
preliminary plat, and the grounds for a modification, if any, or the
grounds for disapproval shall be stated upon the records of the Planning
Board. The time in which the Planning Board must take action on such
plat may be extended by written mutual consent of the subdivider and
the Planning Board.
(7)
When granting approval to a preliminary plat, the Planning Board
shall state the terms of such approval, if any, with respect to a)
modifications to the preliminary plat; b) the 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 and welfare; and c) the required improvement or the
amount of all bonds therefore which it will require as prerequisite
to the approval of the final subdivision plat. Approval of a preliminary
plat shall not constitute approval of the final subdivision plat,
but rather it shall be deemed an expression of approval of the design
submitted on the preliminary plat as a guide to the preparation of
the final subdivision plat, which will be submitted for approval of
the Planning Board and for recording upon fulfillment of the requirements
of these regulations. When approving a preliminary plat, the Planning
Board shall state in writing the modifications, if any, it deems necessary
for submission of the plat in final form. Within five days of the
approval of such preliminary plat, it shall be certified by the Planning
Board Chair as having been granted preliminary approval, and a copy
shall be filed with the Village Clerk, a certified copy shall be mailed
to the owner, and a copy shall be forwarded to the Village Board of
Trustees. Prior to approval of the final 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.
F.
Major subdivision review procedure: approval of the final plat.
(1)
A subdivider shall, within six months after the approval of
a preliminary plat, file with the Planning Board an application for
approval of a final subdivision plat in final form, using the approved
application blank available from the Planning Board. If the final
subdivision plat is not submitted for approval within six months after
the approval of the preliminary plat, the Planning Board may refuse
to approve the final subdivision plat and require resubmission of
the preliminary plat. A subdivider making application for approval
of the final plat shall supply the Planning Board with the application
and copies as required of the plat, including one in ink on drafting
film or an acceptable, equal medium that permits reproductions of
the original; the original and one copy of all offers of cession,
covenants and agreements; and two prints of all construction drawings.
(2)
The application for approval of a final plat shall include,
at a minimum, the following:
(a)
Proposed subdivision name or identifying title and the names
of the municipality(s) in which the subdivision is located; the names
and addresses of the owners of record and of the subdivider; and the
name, license number and seal of the New York State licensed land
surveyor.
(b)
Road lines, pedestrianways, lots, reservations, easements and
areas to be dedicated to public use.
(c)
Data acceptable to the Code Enforcement Officer as sufficient
to determine readily the location, bearing and length of every street
line, lot line and boundary line and as sufficient to reproduce such
lines upon the ground.
(d)
The length and bearing of all straight lines, radii, length
of curves, central angles of curves, and tangent bearings shall be
given for each street. All dimensions and angles of the lines of each
lot shall also be given. All dimensions shall be shown in feet and
decimals of a foot. The plat shall show the boundaries of the property,
location, graphic scale and true-north arrow.
(e)
The plat shall also show by proper designation thereon all public
open spaces for which deeds are included and those spaces whose title
is reserved by the developer. For any of the latter there shall be
submitted with the final subdivision plat copies of agreements or
other documents showing the manner in which such areas are to be maintained
and the provisions made therefore.
(f)
All offers of cession and covenants governing the maintenance
of unceded open space shall bear the certificate of approval of the
Village Attorney as to their legal sufficiency.
(g)
Lots and blocks within a subdivision shall be numbered or lettered
in alphabetical order in accordance with the prevailing Village practice.
(h)
Permanent reference monuments shall be shown and shall be constructed
in accordance with specifications of a licensed engineer or surveyor.
They shall be placed as required by the Village and their location
noted and referred to upon the final plat.
(i)
All lot corner markers shall be permanently located in a way
satisfactory to a licensed engineer or surveyor.
(j)
Pins, pipes or monuments shall be set at all corners and angle
points of the boundaries of the original tract to be subdivided, and
at all street intersections, angle points in street lines, points
of curve, and such intermediate points as shall be required by a licensed
engineer or surveyor.
(k)
Construction drawings, including plans, profiles and typical
cross-sections as required, showing the proposed location, size and
type of streets, sidewalks, street lighting standards, street trees,
curbs, water mains, sanitary sewers and storm drains, pavements and
subbase, manholes, catch basins and other facilities.
(l)
Water and sewer facility proposals contained in the final subdivision
plat shall be properly endorsed and approved by the Schuyler County
Department of Health and the Village Department of Public Works.
(m)
Within 45 days of the date of submission of an application for
approval of a major subdivision final plat, a public hearing shall
be held by the Planning Board. This hearing shall be advertised at
least once in the official newspaper of the Village at least five
days before the hearing. If, however, the Planning Board deems the
final plat to be in substantial agreement with a preliminary plat
approved by the Planning Board, and modified in accordance with conditions
of such approval if such preliminary plat had been approved with conditions
requiring modification, the Planning Board may waive the requirement
for such a public hearing.
(n)
Within 45 days after the close of the public hearing or, if no public hearing is held, within 45 days after the date of submission of an application for approval of a major subdivision final plat, the Planning Board shall either approve or disapprove of the final subdivision plat. This time may be extended by written mutual consent of the subdivider and the Planning Board. An approval shall authorize the chairman of the Planning Board to sign the final plat as evidence of such approval following completion of the required improvements pursuant to § 160-60.6G below.
G.
Required improvements.
(1)
Before the Planning Board grants final approval of a major subdivision final plat, the subdivider shall, as determined by the Planning Board, either complete the required improvements pursuant to Subsection G(1)(a) below, or complete those required improvements that are required by the Planning Board to be completed prior to final approval, and post security for the remainder of the required improvements pursuant to subsection (b) below.
(a)
The subdivider shall complete all required improvements to the
satisfaction of the Code Enforcement Officer, who shall file with
the Planning Board a letter certifying to the satisfactory completion
of all required improvements required by the Planning Board to be
completed.
(b)
The subdivider shall either file with the Village Clerk a certified
check to cover the full cost of the required improvements, or the
subdivider shall file with the Village Clerk a performance bond to
cover the full cost of the required improvements. The amount necessary
to "cover the full cost of the required improvements" shall be determined
by the Planning Board. Any such bond shall comply with the requirements
of the New York State Village Law, and further shall be satisfactory
to the Village Board of Trustees and Village Attorney 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 or provided
for by resolution of the Planning Board as the time within which required
improvements must be completed.
(2)
The required improvements shall not be considered to be completed until the installation of the required improvements has been approved by a licensed engineer or surveyor and a map satisfactory to the Code Enforcement Officer has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection G(1)(a) above, then the map shall be submitted prior to endorsement of the plat by the Planning Board Chair. However, if the subdivider provides a bond or certified check for certain required improvements as provided in Subsection G(1)(b) above, such bond shall not be released until such a map is submitted.
(3)
If, at any time during the construction of required improvements,
it is demonstrated to the satisfaction of the Code Enforcement Officer
that unforeseen conditions make it necessary to modify the location
or design of the required improvements, the Code Enforcement Officer
may, upon approval by the Chair of the Planning Board or designee,
authorize modifications, provided that these modifications are within
the spirit and intent of the Planning Board's approval and do
not extend to the waiver or substantial alteration of the function
of any required improvements. The Code Enforcement Officer shall issue
any authorization under this section in writing and shall transmit
a copy of such authorization to the Planning Board at its next regular
meeting.
(4)
At least five days prior to commencing construction of required
improvements, a subdivider shall pay to the Village Clerk the inspection
fee required by the Village Board and shall notify the Village Board
in writing of the time when the subdivider proposes to commence construction
of the improvements, so that the Village may cause inspection to be
made to assure that all Village specifications and requirements shall
be met during the construction of required improvements, and to assure
the satisfactory completion of required improvements.
(5)
Upon completion of the required improvements, which in no event
shall be later than 30 days prior to the expiration of the bond securing
their completion, if any, or the time set by resolution of the Planning
Board for completion of the required improvements, the Code Enforcement
Officer and the Village's engineer shall inspect the required
improvements. If the Village's engineer finds that any of the
required improvements have not been constructed in accordance with
plans and specifications filed by the subdivider, the engineer shall
so report to the Village Board of Trustees, Code Enforcement Officer
and Planning Board. The Village Board then shall notify the subdivider
and, if necessary, the bonding company, and take all necessary steps
to preserve the village's rights under the bond. No additional
subdivision plat submitted by the subdivider shall be approved by
the Planning Board as long as the subdivider is in default on a previously
approved subdivision plat. If the Village's engineer finds that
all the required improvements have been constructed in accordance
with the plans and specifications filed by the subdivider, the engineer
shall certify to such completion to the Planning Board.
H.
Execution and filing.
(1)
Upon the approval of a minor subdivision plat pursuant to § 160-60.6C or the approval of a major subdivision plat pursuant to §§ 160-60.4 through 160-60.6, the plat shall be signed by the Chairman of the Planning Board and filed by the applicant with the County Clerk. Final approval of a subdivision plat shall be deemed to have occurred as of the date of execution by the Planning Board Chairman.
(2)
Any subdivision plat not so filed within 30 days following the
date of final approval shall become null and void.
(3)
No changes, erasures, modifications or revisions shall be made
in any subdivision plat after final approval has been given by the
Planning Board unless the plat is first resubmitted to the Planning
Board and the Board approves any modifications. In the event that
any such subdivision plat is recorded without complying with this
requirement, it 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.
The approval by the Planning Board of a subdivision plat shall not
be deemed to constitute or be evidence of any acceptance by the Village
of any road, easement or other open space shown on the subdivision
plat.
B.
When a park, playground, or other recreation area has been shown
on a subdivision plat, approval of the plat shall not constitute an
acceptance by the Village of the park, playground or recreation area.
The Planning Board shall require the plat or licensed survey map to
be endorsed with approved and appropriate restrictions and disclaimers
to this effect. The Planning Board may also require the filing of
a written agreement between the applicant and the Village covering
future deed and title, dedication, and provision for the cost of grading,
development, equipment and maintenance of any such park, playground
or recreation area.
A.
The Planning Board is empowered to modify applicable provisions of
the Village's zoning requirements in accordance with the provisions
of § 7-738 of the Village Law for the purpose of enabling
and encouraging flexibility of design and development of land in such
a manner as to promote the most appropriate use of land, to facilitate
the adequate and economic use of streets and utilities, and to preserve
the natural and scenic qualities of open lands. The following shall
be the procedure and standards:
(1)
A subdivider may request the use of Village Law § 7-738,
at presentation of a sketch plat as herein provided.
(2)
A subdivider shall present, along with a proposal in accordance
with the provisions of Village Law § 7-738, a Cluster sketch
plat which is consistent with all the criteria established by this
article, including roads being consistent with the road specifications
and lots being consistent with zoning requirements.
(3)
If the application of this procedure results in a plat showing
land available for park, recreation, open space or other municipal
purposes directly related to the plat, then necessary conditions as
to ownership, use and maintenance of such lands for their intended
purposes shall be set forth.
(4)
Upon determination that a sketch plat is suitable for the procedures
under Village Law § 7-738, and subsequent to the resolution
authorizing the Planning Board to proceed, a preliminary plat meeting
all of the requirements of the resolution shall be presented to the
Planning Board, and thereafter the Planning Board shall proceed with
the required public hearings and other requirements of this article.
(5)
Upon making final approval of a plat on which Village Law § 7-738,
cluster subdivision provisions have been used, the Planning Board
Chair shall notify the Village Clerk, who shall make the appropriate
changes to the Zoning Map.
