Any subdivider who proposes to develop a subdivision in the Village
of Ellenville shall follow the procedures specified in this Article.
A.
Prior to filing an application or before preparing a preliminary layout, the subdivider shall submit to the Planning Commission a sketch plan of the proposed subdivision layout, together with data concerning the area, including the information specified in § 200-16, in order to discuss the appropriateness of the proposed layout, the suitability of the land for development and the general requirements for improvements.
B.
The Planning Commission shall inform the subdivider within
30 days after submission 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 Commission shall express its
reasons therefor.
C.
The preapplication review does not require formal application
to the Planning Commission, payment of a fee or filing of the plat with the
Village Clerk or County Clerk.
D.
Procedure for land exchanges or transfers, Where an applicant
proposes an exchange or transfer of land with an adjoining property, the Planning
Commission may waive public hearing on such proposal where the following conditions
are met:
[Added 9-13-2004 by L.L. No. 6-2004]
(1)
The area of the proposed land exchange or transfer does
not exceed 10% of the minimum required lot area of the zoning district in
which the affected lands arc located.
(2)
No additional lots will be created.
(3)
Such exchange or transfer of lands does not preclude
the proper future development, subdivision or resubdivision of the affected
properties.
(4)
Such exchange or transfer of lands shall not create any
nonconformity with the terms and regulations of the Ellenville Zoning Ordinance.
(5)
The applicant(s) has prepared and submitted a final plat in accordance with § 200-7 herein, for the signature of the Planning Board Chairperson.
(6)
The applicant(s) has paid a fee as required in the fee
schedule established by the Village Board of Trustees.
Upon receiving an informal agreement by the Planning Commission regarding the general program and objectives, in accordance with § 200-5, the subdivider shall prepare a preliminary layout, together with improvement plans and other supplementary documents as specified in § 200-17 and Article IV of these regulations.
A.
Submission and fees.
[Amended 5-15-1995 by L.L. No. 4-1995; 1-10-2005
by L.L. No. 1-2005]
(1)
The preliminary layout and other supplementary documents
shall be filed with the Village Clerk for submission to the Planning Commission,
together with a written application for conditional approval and the appropriate
fee, prescribed as follows:
|
Zoning District
|
Fee
| |
|---|---|---|
|
R-A
|
$50 per lot
| |
|
R-1
|
$50 per lot
| |
|
R-2
|
$50 per lot
| |
|
R-3 houses
|
$50 per lot
| |
|
R-3 apartments
|
$50 per 10,000 square feet of lot or part
| |
|
All large-scale planned commercial or industrial development
|
$50 per acre
| |
|
All land exchanges or transfers
|
$250
|
(2)
The minimum fee for any subdivision application shall
be $250. The maximum fee shall be $1,000. Application fees for plats involving
zoning changes shall be the fee for the district at the time of application.
Fees are not refundable. In addition, the applicant shall be responsible for
all disbursements and publication fees.
B.
Conditional approval.
(1)
The Planning Commission, within 30 days following the
official date of application, shall:
(a)
Review the preliminary layout and other supplementary
documents to determine their conformity with the Comprehensive Master Plan
and with these regulations.
(b)
Discuss with the subdivider any changes deemed advisable.
(c)
Discuss with the subdivider as to the kind and extent
of all public improvements to be constructed or installed by him or, in lieu
of improvements, the amount of performance bond required to be posted.
(d)
Notify the subdivider of any required public improvements
which may be waived.
(2)
Within 45 days after the official date of application,
the Planning Commission shall either grant conditional approval of the preliminary
layout and state in writing the conditions of such approval or disapprove
the preliminary layout and express in writing the reasons for such disapproval.
(3)
The action of the Planning Commission shall be noted
on all copies of the preliminary layout and the conditions imposed attached
thereto.
(4)
Such conditional approval shall automatically expire
after six months, unless extended by formal action of the Planning Commission.
(5)
Conditional approval of a preliminary layout shall not
constitute approval of the final plat. Rather it shall be deemed an expression
of approval only to guide the subdivider in the preparation of the final plat,
which shall be submitted for the approval of the Planning Commission and for
eventual recording after compliance with the requirements of these regulations
and with any conditions specified in the conditional approval.
A.
Submission.
(2)
The final plat and other supplementary documents, together with a written application for final approval, shall be filed with the Village Clerk for submission to the Planning Commission within six months after the date of conditional approval of the preliminary layout, unless such time limit is extended by formal action of the Planning Commission in accordance with § 200-31.
(3)
If the subdivider so desires, the final plat may consist
of only 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 and in contiguous sections satisfactory
to the Planning Commission.
B.
Approval.
(1)
The Planning Commission shall approve, modify and approve
or disapprove the final plat within 45 days after the official date of application.
Failure of the Planning Commission to act within the time allotted shall result
in the automatic approval of such final plat. Certification of the Village
Clerk as to the official date of application and the failure of the Planning
Commission to take action within the forty-five-day period shall be issued
to the subdivider upon demand and shall be sufficient, in lieu of any written
notation or endorsement of other evidence, as final approval.
(2)
Approval of the final plat by the Planning Commission
does not constitute acceptance by the Village of the dedication of any street,
highway, park or other public open space.
(3)
No plat which is an extension, section or portion of
any previously submitted plat shall be approved until and unless all conditions
necessary for approval of such previously submitted plat have been satisfied
and final approval shall have been granted in accordance with these regulations.
(4)
If the Planning Commission disapproves the final plat,
reasons for such disapproval shall be so stated upon its records.
C.
Filing.
(1)
Within 90 days next following the date of official approval
action by the Planning Commission or the date of issuance by the Village Clerk
of a certificate of nonaction, the subdivider shall file the final plat with
the County Clerk. Otherwise such final approval shall expire as provided in
§ 7-728 of the Village Law.
(2)
Eight black-and-white prints of the final plat, showing
the recording date of the County Clerk thereon, shall be submitted to the
Planning Commission after filing with the County Clerk.
(3)
No changes, erasures, modifications or revisions, other
than those requested by the Department of Health or other such agency or to
correct metes and bounds, shall be made on any subdivision plat after final
approval has been given by the Planning Commission and the plat has been duly
filed with the County Clerk, unless such plat has first been resubmitted to
the Planning Commission and such change, erasure, modification or revision
has been approved by the Commission. Any plat so changed without first being
resubmitted to the Planning Commission and reapproved shall be considered
null and void, and the Commission shall institute proceedings to have the
plat stricken from the records of the County Clerk.
A.
Upon approval of final plat and posting of a bond in accordance with §§ 200-18C and 200-19A and B of these regulations or, upon certification of the completion or installation of all required improvements to the satisfaction of the Village Board of Trustees and the posting of a bond in accordance with § 200-19B, the subdivider may be issued building permits for the construction of buildings in accordance with the approved subdivision plat, Chapter 227, Zoning and Chapter 70, Building Construction and Fire Prevention, of the Code of the Village of Ellenville.
A.
Certificates of occupancy shall only be issued upon certification by the Building Inspector that all required public improvements in a subdivision have been completed in accordance with Village standards, in accordance with Chapter 227, Zoning, and Chapter 70, Building Construction and Fire Prevention, of the Code of the Village of Ellenville.
