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 Article V, § 304-21, for the purposes of classification and preliminary discussion.
B.
Discussion of requirements and classification.
(1)
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.
(2)
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 Article III, § 304-5, of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ 304-6, 304-7 and 304-8.
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.
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 an 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 Article V, § 304-22.
(2)
All applications for plat approval for minor subdivisions shall be accompanied by a fee in an amount established by resolution of the Board of Trustees.
[Amended 6-14-1988; 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.
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.
D.
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 Article V, § 304-22, of these regulations, has been filed with the Secretary of the Planning Board.
E.
Public hearing. A public hearing shall be held by the Planning Board within 62 days from the time of submission of the subdivision plat for approval. Said hearing shall be advertised in a newspaper of general circulation in the Village and a notice of hearing posted in at least three prominent places at least five days before such hearing.
[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 after the date of the public hearing, 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 an application for the consideration of a preliminary plat of the proposed subdivision, in the form described in Article V, § 304-23, hereof. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 7-728 and 7-730 of the Village Law, and Article V, § 304-23, of these regulations, except where a waiver may be specifically authorized by the Planning Board.
[Amended 4-22-1980]
(2)
The application for conditional approval of the preliminary plat shall be accompanied by a fee in an amount established by resolution of the Board of Trustees.
[Amended 6-14-1988; 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.
Subdivider to attend Planning Board meeting. The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the preliminary plat.
D.
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. 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 as yet unsubdivided and the requirements of the Master Plan, the Official Map and the Zoning Ordinance, if such exist.
E.
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 Article V, § 304-23, of these regulations, has been filed with the Secretary of the Planning Board.
F.
Conditional approval of the preliminary plat.
(1)
The Planning Board shall take action to conditionally approve, with or without modifications, or disapprove such preliminary plat in accordance with the procedures established in Village Law § 7-728, Subdivision 5, and the grounds of any modification required or the grounds for disapproval shall be stated upon the records of the Planning Board.
[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 specific changes which it will require in the preliminary plat; 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, morals and general welfare; and the 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 forwarded to the Village Board of Trustees. Conditional approval of a preliminary plat shall not constitute approval of the 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 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.
A.
Application for approval; fee. The subdivider shall, within six months after the conditional approval of the preliminary plat, file with the Planning Board[1] an application for approval of the subdivision plat in final form, using the approved application blank available from the Secretary of the Planning Board. All applications for plat approval for major subdivisions shall be accompanied by a fee in an amount established by resolution of the Board of Trustees. If the final plat is 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.
[Amended 6-14-1988; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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 three copies (one copy in ink on Mylar or its equivalent) of the plat, the original and one true copy of all offers of cession, covenants, and agreements and two 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.
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 approval of the subdivision plat, complete and accompanied by the required fee and all data required by Article V, § 304-24, of these regulations, has been filed with the Secretary of the Planning Board. In addition, if the applicant elects to construct any or all required improvements, as specified in Article III, § 304-8A(2), the Village Engineer must file a certificate with the Planning Board stating that these improvements have been satisfactorily installed before the subdivision plat shall be considered officially submitted.
D.
Endorsement of state and county agencies. Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the Columbia County Department of Health. Applications for approval of plans for sewer or water facilities will be filed by the subdivider with all necessary Village, county and state agencies. Endorsement and approval by the Columbia County Department of Health shall be secured by the subdivider before official submission of the subdivision plat.
E.
Public hearing. A public hearing shall be held by the Planning Board in accordance with the procedures established in Village Law § 7-728, Subdivision 6. This hearing shall be advertised in a newspaper of general circulation in the Village and a notice of hearing posted in at least three prominent places at least five days before such hearing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
F.
Action on proposed subdivision plat. The Planning Board shall approve, modify and approve, or disapprove the subdivision plat in accordance with the procedures established in Village Law § 7-728, Subdivision 6. 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 § 304-8 of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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 Subsection A(1) or (2) below.
(1)
In an amount set by the Planning Board, 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. Any such bond shall comply with the requirements of § 7-730 of the Village Law and shall be satisfactory to the Village Board of Trustees and Village Engineer 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.
[Amended 4-22-1980]
(2)
The subdivider shall complete all required improvements to the satisfaction of the Village Engineer, 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, the subdivider shall file with the Village Clerk a bond or certified check covering the costs of such improvements and the cost of satisfactorily installing any improvement not approved by the Village Engineer. Any such bond shall be satisfactory to the Village Board of Trustees and Village Engineer as to form, sufficiency, manner of execution and surety.
(3)
In an amount set by the Planning Board, the subdivider shall file with the Village Clerk a certified check to assure against defects in workmanship or materials installed in connection with any such required improvements or file with the Village Clerk a performance bond to cover such costs. The terms upon which such certified check or performance bond are to be held are as follows: Such bond shall be held for a period of one year from the completion of the required improvements as evidenced by the provisions of Subsection A(2) hereinabove to insure against any defects in workmanship or materials which may occur within such one-year period. Such performance bond should be released by the Clerk only upon filing with the Planning Board a letter from the Village Engineer indicating that no such defects in workmanship or materials have been detected during such year. In the event that the Village Engineer shall find such defects, the provisions of Subsection D hereinbelow shall apply.
[Added 1-14-1992 by L.L. No. 1-1992]
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 Village Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Village Engineer may, upon approval by a previously delegated member of the Planning Board, 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 improvements required by the Board. The Village Engineer 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.
C.
Inspection of improvements. At least five days prior to commencing construction of required improvements, the subdivider shall pay to the Village Clerk an inspection fee in an amount estimated by the Village Engineer to be sufficient to reimburse the Village Engineer or any engineer hired by the Village to inspect improvements and shall notify the Village Board of Trustees, in writing, of the time when he proposes to commence construction of such improvements so that the Village Board of Trustees 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 improvements and utilities required by the Planning Board. In the event that such estimate is in excess of the amount required to be reimbursed to the Village Engineer or such engineers the Village may hire, the amount in excess shall be refunded to the subdivider. In the event that such amount is determined to be insufficient to make such reimbursement, the Village Clerk shall require payment of, and the subdivider shall pay, an amount necessary to make such reimbursement.
[1]
Editor's Note: This local law also provided that it shall become effective upon approval of the Planning Board of the Village of Valatie after public hearing and upon approval of the Village Board of Trustees.
D.
Proper installation of improvements. If the Village Engineer shall find, upon inspection of the improvements performed before the expiration date of the performance bond, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, he shall so report to the Village Board of Trustees, Code Enforcement Official and Planning Board. The Village Board of Trustees 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 plat shall be approved by the Planning Board as long as the subdivider is in default on a previously approved plat.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In its review and approval of subdivision plats, the Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
A.
Final approval and filing. Upon completion of the requirements in §§ 304-7 and 304-8 above 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 filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed or recorded within 90 days 62 days of the date upon which such plat is approved in accordance with the provisions of Village Law § 7-728, Subdivision 11, shall expire.
[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.
Public acceptance of streets. 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 street, easement or other open space shown on such subdivision plat.
B.
Ownership and maintenance of recreation areas. 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 Village of such area. The Planning Board shall require the plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the Village Board of Trustees covering future deed and title, dedication and provision for the cost of grading, development, equipment and maintenance of any such recreation area.
[Added 6-14-1988; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The fee for boundary line revisions shall be in an amount established by resolution of the Board of Trustees.