Village of Penn Yan, NY Article III Procedures

§ 176-9 General provisions.

A. General description. The following is a list of key considerations governing the subdivision of land.

(1) Subdivision. Subdivisions proposed for the Village of Penn Yan will be considered either as major or minor subdivisions.

(2) Resubdivisions. Any change to an existing plat is considered a resubdivision and thus requires approval of the Planning Board and may be deemed by the Planning Board as a major or minor subdivision.

(3) Surety. The Planning Board can require that appropriate surety be posted to assure that the project is constructed as designed or to assure that conditions of approval are met.

(4) Clustering. The Planning Board will consider any proposal for a clustered project, but that Board reserves the right to require clustering to protect environmentally sensitive areas or to preserve open space.

(5) SEQR. All proposals require appropriate environmental reviews in accordance with the State Environmental Quality Review procedures.

B. General procedure. Minor subdivisions of land are considered to be less complex projects and require a one-step process for approval. Major subdivisions are considered complex divisions of land and require a three-step process for approval.

§ 176-10 Subdivision applications.

[Amended 5-18-2021 by L.L. No. 5-2021]

A. Applications. All related application forms are available from the Village Clerk.

B. Preapplication conferences. Preapplication conferences with the Chairman of the Planning Board are encouraged and serve the following functions:

(1) To review application requirements;

(2) To identify any potential area of environmental concern;

(3) To identify any potential area of historical concern;

(4) To discuss preliminary design of the project;

(5) To set a probable timetable for review; and

(6) To review Village policies concerning development.

C. Fees. All applications for subdivision approval shall be accompanied by a fee to be established by resolution of the Village Board. This fee shall be used to cover part of the cost of the subdivision review process, including such administrative costs as public hearing notices, inspections, communications, etc.

D. Reimbursable costs. Costs incurred by the Planning Board for consultation fees or other extraordinary expense in connection with the review of a proposed subdivision shall be charged to the applicant.

E. Public hearing.

(1) All subdivision proposals are subject to a public hearing before the Planning Board. The public hearing is held to permit the public to learn details of the proposed subdivision. Free and open discussion of the project and its impacts will be encouraged during the hearing.

(2) The Planning Board shall fix a time and place for a public hearing thereon and shall provide for the giving of notice as follows:

(a) By publishing a notice in a newspaper in general circulation within the Village not less than five days prior to the public hearing date.

(b) By posting a notice on the official Village billboard at the Village Hall not less than five days' prior to the public hearing date.

(c) By requiring a white-with-black-lettering sign or signs, measuring not less than two feet high and two feet wide, which shall be prominently displayed on the premises subject to the subdivision application facing each public street on which the property abuts, giving notice that an application for a subdivision is pending and a phone number to contact for information on the application. The sign shall not be set back more than 10 feet from the street line or sidewalk. The signs shall be placed by Village personnel and shall not be removed or relocated prior to the hearing on the application. The sign shall be furnished by the Village Planning Board and shall remain the property of the Village, shall be removed by Village personnel subsequent to the hearing and shall not be less than two feet nor more than six feet above the grade at the street line. The sign shall be displayed for a period of not less than seven days immediately preceding the public hearing date. By submission of an application for subdivision, the property owner consents to the notice sign(s) being placed on the subject property by Village personnel in accordance herewith.

(d) In the event that the land involved in an application is within 500 feet of the boundary of the Village, notice of the public hearing shall also be mailed to the municipal clerk of the town or towns from which the Village boundary line is located within 500 feet of the subject property at least seven days in advance of the public hearing date.

F. Environmental review. The Planning Board will consider the probable environmental impacts of the proposed subdivision. In most cases, the Planning Board will be the lead agency for the purpose of making a significance determination pursuant to SEQR.

G. Historical review. Plats under review will be referred to the Historical Preservation Commission if said plats are wholly or partially in a preservation district or affect a Village landmark. The Historic Preservation Commission will consider the probable historical impact of the proposed subdivision and make its recommendations to the Planning Board within 14 days from the date of receipt. Comments received from the Commission shall become part of the permanent public record of the project. In most cases, the Planning Board will be the lead agency for the purpose of making a determination pursuant to the Historic Preservation Commission recommendations.

H. Review by other governmental agencies. All subdivisions are referred to all affected local, state and federal agencies. Every subdivision plat must undergo review by the Code Enforcement Officer of the Village and/or professional consultation if deemed necessary by the Board to ascertain that civil engineering standards are met. All comments received from reviewing agencies shall become a part of the permanent public record of the project.

I. Date of receipt. Timetables for decisions shall commence on the date of the first Planning Board meeting subsequent to the filing of a completed application.

J. County Planning Board review. The Secretary to the Planning Board shall, where required by § 239-m of the General Municipal Law or as may be requested by resolution of the Planning Board, submit the plat to the County Planning Board for review and recommendation. No final decision will be rendered prior to the receipt of such recommendation when the plat is referred pursuant to said § 239-m.

§ 176-11 Minor subdivision review.

[Amended 9-6-1993 by L.L. No. 4-1993; 5-21-1996 by L.L. No. 2-1996; 5-18-2021 by L.L. No. 5-2021; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

A minor subdivision (fewer than five lots) plat shall be prepared and submitted to the Planning Board for all proposed minor subdivision. The requirements and procedures of this process are as follows:

A. Requirements.

(1) Nine copies of the minor subdivision plat, a completed application and a fee shall be submitted to the Village Clerk. Copies will be used for the following purposes:

(a) One copy shall be returned to the subdivider with notification of decision.

(b) One copy shall be retained by the Planning Board.

(c) One copy shall be retained by the Code Enforcement Officer.

(d) Six copies shall be used for necessary coordination with and referral to other agencies and consultants.

(2) Additional copies may be required to be submitted to the Chairman of the Planning Board who may determine that other officials, agencies or consultants need to be informed about the project.

(3) The minor subdivision plat shall comply with the requirements set forth in the Design and Construction Standards for Land Development of the Village of Penn Yan. This document is available from the Village Clerk of the Village of Penn Yan.

B. Procedures shall be as follows:

(1) Completed application. Upon the receipt of an application for a minor subdivision, the Chairman of the Planning Board shall review the application submitted to determine whether it is complete in accordance with the standards of this chapter. The Chairman shall place the matter on the agenda of the next available Planning Board meeting for discussion purposes. The Chairman also will distribute the plat to affected agencies, including the Highway, Fire and Municipal Utilities Boards, the Historic Preservation Commission, if appropriate, the Code Enforcement Officer and the Village Board.

(2) Public hearing. The Planning Board will set an appropriate date for the public hearing.

(a) The Planning Board will review the completed application and the plat, taking into account the comments of the affected agencies which have reviewed the application and the plat.

(b) The public hearing will be held within 62 days of the date of the receipt of a completed application by the Planning Board.

(c) Notice. The Planning Board shall fix a time and place for a public hearing thereon and shall provide for the giving of notice as follows:

[1] By publishing a notice in a newspaper in general circulation in the Village not less than five days' prior to the public hearing date.

[2] By posting a notice on the official Village billboard at the Village Hall no less than five days prior to the public hearing date.

[3] By requiring a white-with-black-lettering sign or signs, measuring not less than two feet high and two feet wide, which shall be prominently displayed on the premises subject to the subdivision application facing each public street on which the property abuts, giving notice that an application for subdivision is pending and a phone number to contact for information on the application. The sign shall not be set back more than 10 feet from the street line or sidewalk. The signs shall be placed by Village personnel and shall not be removed or relocated prior to the hearing on the application. The sign shall be furnished by the Village Planning Board and shall remain the property of the Village, shall be removed by Village personnel subsequent to the hearing and shall not be less than two feet nor more than six feet above the grade at the street line. The sign shall be displayed for a period of not less than seven days immediately preceding the public hearing date. By submission of an application for a subdivision, the property owner consents to the notice sign(s) being placed on the subject property by Village personnel in accordance herewith.

[4] In the event that the land involved in an application is within 500 feet of the boundary of the Village, notice of the public hearing shall also be mailed to the municipal clerk of the town or towns from which the Village boundary line is located within 500 feet of the subject property at least seven days in advance of the public hearing date.

(3) Action on minor subdivision plat.

(a) Public hearing. The Planning Board shall, by resolution within 62 days after the close of the public hearing, approve conditionally, approve with or without modification or disapprove such plat. The resolution shall contain the findings of fact on the project. Notification of action shall be mailed to the subdivider within seven working days of the date of Planning Board action. In the case of disapproval of a proposed plat, the Planning Board shall state its reasons for disapproval in its minutes. A letter stating the reasons for denial shall be sent by the Planning Board to the applicant. Failure of the Planning Board to act within the required time period shall constitute approval. The certificate of the Village Clerk as to the date of receipt and/or hearing and the failure to take action within such prescribed time shall be issued on demand and shall be sufficient in lieu of written approval. Notwithstanding these provisions, the time in which the Board must take action may be extended by mutual consent.

(b) Upon completion of the public hearing, the Planning Board shall make findings of fact on the project. Findings of fact will be based upon information generated during the public hearing and the comments made by the affected agencies and staff reports. This resolution of approval shall include findings of fact.

(c) Conditional approval. Upon resolution of conditional approval, the Planning Board shall empower a duly authorized officer to sign the plat subject to completion of such requirements as may be stated in the resolution. Conditional approval shall expire within 180 days after the date of the resolution granting conditional approval unless all such requirements are completed. This period may be extended by the Planning Board for periods of 90 days each.

(d) Expiration of approval. An approved plat shall be filed in the Yates County Clerk's office within 62 days from the date of signature of the duly authorized officer of the Planning Board or certification of no action by the Planning Board. Failure to file the plat within this period shall constitute expiration of approval.

(e) Issuance of permits restricted. No site improvements within the subdivision shall be installed until the plat has received final approval by the Planning Board and surety has been posted pursuant to this chapter. No building permits shall be issued within the proposed subdivision until the plat has been filed in the Yates County Clerk's office and notification of the filing has been received by the Chairman of the Planning Board and the Code Enforcement Officer.

§ 176-12 Sketch plat review.

[Amended 9-6-1993 by L.L. No. 4-1993; 5-21-1996 by L.L. No. 2-1996]

A. General principles. Major subdivisions are a three-step process consisting of a sketch plat, a preliminary site plat approval process and the final approval of the plat proposed for subdivision, as follows:

(1) Sketch plat: a concept plat which has limited information about the proposed subdivision and is used for discussion purposes.

(2) Preliminary site plat: a subdivision map which is a more detailed refinement of the plats and is considered the major design phase of the project.

(3) Final subdivision plat: a refinement of the project into its final acceptable form.

B. Sketch plat review procedure.

(1) Purpose. The purpose of the sketch plat review is to provide the subdivider with an opportunity to consult early and informally with the Planning Board in order to save time and money and to come to agreement as to the most desirable design given the site constraints and the development requirements of the Village.

(2) Requirements.

(a) Nine copies of a proposed sketch plat, a completed application and a fee shall be submitted to the Village Clerk at least 25 days prior to a scheduled Planning Board meeting. Copies will be used for the following purposes:

[1] One copy shall be returned to the subdivider with notification of decision.

[2] One copy shall be retained by the Planning Board.

[3] One copy shall be retained by the Code Enforcement Officer.

[4] Six copies shall be used for necessary coordination with and referral to other agencies and consultants.

(b) Additional copies may be required to be submitted to the Planning Board, which may determine that other officials, agencies or consultants need to be informed about the project.

(c) The sketch plat shall comply with the Design and Construction Standards for Land Development of the Village of Penn Yan.

(3) Procedures.

(a) Completed application. Upon the receipt of an application for a sketch plat review, the Chairman of the Planning Board shall review the application submitted to determine whether it is complete in accordance with the standards of this chapter. The Chairman shall place the matter on the agenda of the next available Planning Board meeting for discussion purposes. The Chairman also will distribute the sketch plat to the affected agencies, including the Highway, Fire and Municipal Utilities Boards, Historic Preservation Commission, if appropriate, the Code Enforcement Officer and the Village Board.

(b) The Planning Board will review the sketch plat and the comments from the agencies to which the plat was referred. The Board then may refer the subdivider to appropriate officials or agencies to resolve any issues of design or legal requirements of the respective agencies.

(c) Action on sketch plat. The Planning Board shall study the sketch plat of a proposed subdivision in relation to existing and potential development of the adjacent area, compliance with zoning, environmentally or historically sensitive areas and general development patterns of the Village. A decision will be made as to the desirability of the proposed development and the appropriateness of the proposed design.

(d) Notification of result. Not later than 62 days following the receipt of a complete sketch plat, as certified by the Chairman of the Planning Board, the Planning Board shall convey a written report to the subdivider. The report shall contain the Board's findings of fact, its comments concerning the design of the proposed subdivision, as well as any suggestions as to coordination with the design of adjacent subdivisions or compliance with requirements of other affected public agencies. Copies of minutes of the relevant meetings shall be considered a sufficient written report.

§ 176-13 Preliminary plat review.

[Amended 9-6-1993 by L.L. No. 4-1993; 5-21-1996 by L.L. No. 2-1996; 5-18-2021 by L.L. No. 5-2021; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

A. Purpose. This step provides detailed information about the site so that the Planning Board can make decisions about the design of the project. Some important considerations include, but are not limited to:

(1) Site improvements and lot design.

(2) Easement requirements.

(3) Environmental review.

(4) Historical review.

(5) Underground utilities and drainage design.

(6) An outline of the phases of the project.

B. Requirements.

(1) Nine copies of the preliminary plat and construction detail of proposed improvements, a completed application and a fee shall be submitted to the Village Clerk at least 20 days prior to a scheduled Planning Board meeting. This must occur within six months of the date of the resolution approving the sketch plat. The Planning Board may, by resolution, authorize an extension beyond the six-month limit. The nine copies will be used for the following purposes:

(a) One copy shall be returned to the subdivider with notification of decision.

(b) One copy shall be retained by the Planning Board.

(c) One copy shall be retained by the Code Enforcement Officer.

(d) One copy shall be sent to the Yates County Planning Board.

(e) Five copies shall be used for necessary coordination with and referral to other agencies and consultants.

(2) Additional copies may be required to be submitted to the Chairman of the Planning Board, who may determine that other officials, agencies or consultants need to be informed about the project.

(3) The preliminary plat shall comply with the Design and Construction Standards for Land Development of the Village of Penn Yan.

(4) The preliminary plat should comply with the recommendations made by the Planning Board in the report on the sketch plat.

(5) The preliminary plat shall be clearly marked "preliminary plat" and shall satisfy the requirements for such plats as described in the Design and Construction Standards for Land Development of the Village of Penn Yan.

C. Procedures.

(1) Completed application. Upon receipt of an application for a preliminary plat review, the Chairman of the Planning Board shall review the application submitted to determine whether it is complete in accordance with the standards of this chapter. The Chairman also will distribute the preliminary plat to the affected agencies, including the Highway, Fire and Municipal Utilities Boards, the Code Enforcement Officer, the Historic Preservation Commission, if appropriate, the Village Board and (if deemed necessary) additional professional consultation (see § 176-10D) for review and comment. Accompanying the preliminary plat shall be all documents showing construction details of proposed improvements, any supporting materials or engineering reports and a completed environmental review form.

(2) Review of the preliminary plat is a two-step process conducted in parallel and consisting of an environmental review and a review conducted by the Planning Board.

(a) Environmental review. The environmental review is an information gathering effort. The project is reviewed to determine if any design modifications are needed to lessen potential adverse impacts on the physical or natural environment. Unless overriding circumstances exist, the Planning Board shall be the lead agency on all subdivision proposals.

(b) Review by the Historic Preservation Commission. Plats under review will be referred to the Historic Preservation Commission if said plats are wholly or partially in a preservation district or affect a Village landmark. The Historic Preservation Commission will consider the probable historical impact of the proposed subdivision and make its recommendations to the Planning Board within 14 days from date of receipt. Comments received from the Commission shall become part of the permanent public record of the project. In most cases, the Planning Board will be the lead agency for the purpose of making a determination pursuant to the Historic Preservation Commission recommendations.

(c) The Planning Board will review the preliminary plat and the comments from the agencies to which the plat was referred. The Board then may refer the subdivider to appropriate officials or agencies to resolve any issues of design or legal requirements of the respective agencies.

(d) Public hearing required. The Planning Board will set an appropriate date for the public hearing.

[1] The Planning Board will review the completed application and the plat, taking into account the comments of the affected agencies.

[2] The public hearing will be held within 62 days of the date of the receipt of a completed application by the Planning Board. Receipt of the completed environmental review forms is a condition of a completed application.

[3] 

Notice. All preliminary plat reviews shall be subject to a public hearing. The Board shall fix a time and place for a public hearing thereon and shall provide for the giving of notice as follows:

[a] By publishing a notice in a newspaper in general circulation in the Village not less than five days prior to the public hearing date.

[b] By posting a notice on the official Village billboard at the Village Hall no less than five days prior to the public hearing date.

[c] By requiring a white-with-black-lettering sign or signs, measuring not less than two feet high and two feet wide, which shall be prominently displayed on the premises subject to the application facing each public street on which the property abuts, giving notice that an application is pending and a phone number to contact for information on the application. The sign shall not be set back more than 10 feet from the street line or sidewalk. The signs shall be placed by Village personnel and shall not be removed or relocated prior to the hearing on the application. The sign shall be furnished by the Village Planning Board and shall remain the property of the Village, shall be removed by Village personnel subsequent to the hearing and shall not be less than two feet nor more than six feet above the grade at the street line. The sign shall be displayed for a period of not less than seven days immediately preceding the public hearing date. By submission of an application for a variance, the property owner consents to the notice sign(s) being placed on the subject property by Village personnel in accordance herewith.

[d] In the event that the land involved in an application is within 500 feet of the boundary of the Village, notice of the public hearing shall also be mailed to the municipal clerk of the town or Towns from which the Village boundary line is located within 500 feet of the subject property at least seven days in advance of the public hearing date.

(e) Action on preliminary subdivision plat.

[1] Decisions. The Planning Board shall, by resolution within 62 days after the close of the public hearing, approve conditionally, approve with or without modification or disapprove such plat. The resolution shall contain the findings of fact generated from the public hearing and agency review of the project.

[2] Recommendations for modification. Upon resolution of approval with modifications, the Planning Board shall empower a duly authorized officer to sign the plat subject to modifications of design as may be stated in the resolution. Approval shall expire within 180 days after the date of the resolution granting approval unless all such requirements are completed. This period may be extended by the Planning Board for periods of 90 days.

[3] Certification and filing of preliminary plat. Within five business days of the adoption of the resolution granting approval of such preliminary plat, such plat shall be certified by the clerk of the Planning Board as having been granted preliminary approval and a copy of the plat and resolution shall be filed in such clerk's office. A copy of the resolution shall be mailed to the owner. In the case of disapproval of a proposed plat, the Planning Board shall state its reasons for disapproval in its minutes. A letter stating the reasons for denial shall be sent by the Planning Board to the applicant. Failure of the Planning Board to act within the required time period shall constitute approval. The certificate of the Village Clerk as to the date of submission and/or hearing and the failure to take action within such prescribed time shall be issued on demand and shall be sufficient in lieu of written approval. Notwithstanding these provisions, the time in which the Board must take action may be extended by mutual consent.

§ 176-14 Final plat review.

[Amended 9-6-1993 by L.L. No. 4-1993; 5-21-1996 by L.L. No. 2-1996; 5-18-2021 by L.L. No. 5-2021; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

A. Purpose. This step provides for a refinement of information submitted in the preliminary plat review procedure and submission of additional information about site design and improvements. This information permits the Planning Board, officials and the Village Code Enforcement Officer and/or Engineer to make decisions concerning the appropriateness of the proposed subdivision. Some important considerations include but are not limited to:

(1) Conditions of the preliminary plat approval.

(2) Mitigating measures resulting from environmental review.

(3) Mitigating measures resulting from historical review.

(4) Offers of dedication.

(5) Requirements of outside agencies.

(6) Drainage considerations.

(7) Monumentation of the proposed subdivision.

(8) Water metering during construction.

(9) Phasing of the proposed project.

(10) Surety.

B. Requirements.

(1) Nine copies of the final plat and construction detail of proposed improvements must be submitted within six months of the date of the resolution approving the preliminary plat. The Planning Board may, by resolution, authorize an extension beyond the six-month limit.

(2) Accompanying each of these copies of the final plat and construction detail must be a final drainage report and applications for the creation or extension of proposed special districts. A completed application and a fee also must be submitted together with these to the Village Clerk at least 20 days prior to a scheduled Planning Board meeting. Copies will be used for the following purposes:

(a) One copy shall be returned to the subdivider with notification of decision.

(b) One copy shall be retained by the Planning Board.

(c) One copy shall be retained by the Code Enforcement Officer.

(d) Six copies shall be used for necessary coordination with and referral to other agencies and consultants.

(3) Additional copies may be required to be submitted to the Chairman of the Planning Board, who may determine that other officials, agencies or consultants need to be informed about the project.

(4) The final plat shall conform substantially to the preliminary plat as approved by the Planning Board. It shall incorporate any modifications or other features recommended by the Planning Board at the preliminary plat stage, and all such compliances shall be clearly indicated by the subdivider on the appropriate submission.

(5) The final plat shall be clearly marked "final subdivision plat" and shall satisfy the requirement for such plats as described in the Design and Construction Standards for Land Development of the Village of Penn Yan.

(6) If the subdivider wishes to develop the subdivision in stages, a subdivision plat covering a portion of the area encompassed by the preliminary plat must be submitted, provided that the proposed development stages were generally indicated on the preliminary plat approved by the Planning Board. However, no more than two individual sections shall be in process or under construction at any time.

C. Procedures.

(1) Completed application. Upon receipt of an application for a final plat review, the Chairman of the Planning Board shall review the application submitted to determine whether it is complete in accordance with the standards of this chapter. The Chairman also will distribute the final plat to the affected agencies, including the Highway, Fire and Municipal Utilities Boards, the Historic Preservation Commission, if appropriate, the Code Enforcement Officer, the Village Board and/or an Engineer for the Village of Penn Yan for review and comment. Accompanying the final plat shall be all documents showing final construction details of proposed improvements and any supporting materials and the final engineering reports.

(2) Public hearing. If the Planning Board deems the final plat to be significantly different from the preliminary plat with required modifications, the Board may require a public hearing. A hearing shall be required in those instances where there has been a change in primary egress or ingress, an increase in the number of lots or an alteration of grading plats or method of water supply and/or sanitary wastewater disposal. A simple change in lot lines without causing any of the above shall not be deemed a significant change requiring a hearing. However, for just cause, the Planning Board reserves the right to hold a public hearing on a final plat approval. Such public hearing, if required, requires notice to be given. Such notice shall be given as follows:

(a) By publishing a notice in a newspaper in general circulation in the Village not less than five days prior to the public hearing date.

(b) By posting a notice on the official Village billboard at the Village Hall no less than five days prior to the public hearing date.

(c) By requiring a white-with-black-lettering sign or signs, measuring not less than two feet high and two feet wide, which shall be prominently displayed on the premises subject to the application facing each public street on which the property abuts, giving notice that an application for a subdivision pending and a phone number to contact for information on the application. The sign shall not be set back more than 10 feet from the street line or sidewalk. The signs shall be placed by Village personnel and shall not be removed or relocated prior to the hearing on the application. The sign shall be furnished by the Village Planning Board and shall remain the property of the Village, shall be removed by Village personnel subsequent to the hearing and shall not be less than two feet nor more than six feet above the grade at the street line. The sign shall be displayed for a period of not less than seven days immediately preceding the public hearing date. By submission of an application for a subdivision, the property owner consents to the notice sign(s) being placed on the subject property by Village personnel in accordance herewith.

(d) In the event that the land involved in an application is within 500 feet of the boundary of the Village, notice of the public hearing shall also be mailed to the municipal clerk of the town or towns from which the Village boundary line is located within 500 feet of the subject property at least seven days in advance of the public hearing date.

(3) Action on final subdivision plat. The Planning Board shall, by resolution within 62 days after the date of the public hearing, approve, conditionally approve or disapprove such a plat. The resolution shall contain the findings of fact from agency reviews and from the public hearing, if one has been held. Notwithstanding these provisions, the time in which the Board must take action may be extended by mutual consent.

(4) Notification of action shall be mailed to the subdivider and filed in the Village Clerk's office within seven working days of the date of Planning Board action. In the case of disapproval of a proposed plat, the Planning Board shall state its reasons for denial in its minutes. A letter stating the reasons for denial shall be sent by the Planning Board to the applicant. Failure to act within the required time period shall constitute approval. The certificate of the Village Clerk as to the date of submission and/or hearing and the failure to take action within such prescribed time shall be issued on demand and shall be sufficient in lieu of written approval.

(5) By publishing a notice in a newspaper in general circulation in the Village not less than five days prior to the public hearing date.

(6) By posting a notice on the official Village billboard at the Village Hall no less than five days prior to the public hearing date.

(7) By requiring a white-with-black-lettering sign or signs, measuring not less than two feet high and two feet wide, which shall be prominently displayed on the premises subject to the application facing each public street on which the property abuts, giving notice that an application for a subdivision pending and a phone number to contact for information on the application. The sign shall not be set back more than 10 feet from the street line or sidewalk. The signs shall be placed by Village personnel and shall not be removed or relocated prior to the hearing on the application. The sign shall be furnished by the Village Planning Board and shall remain the property of the Village, shall be removed by Village personnel subsequent to the hearing and shall not be less than two feet nor more than six feet above the grade at the street line. The sign shall be displayed for a period of not less than seven days immediately preceding the public hearing date. By submission of an application for a subdivision, the property owner consents to the notice sign(s) being placed on the subject property by Village personnel in accordance herewith.

(8) In the event that the land involved in an application is within 500 feet of the boundary of the Village, notice of the public hearing shall also be mailed to the municipal clerk of the town or towns from which the Village boundary line is located within 500 feet of the subject property at least seven days in advance of the public hearing date.

(9) Conditional approval. Upon resolution of conditional approval, the Planning Board shall empower a duly authorized officer to sign the plat subject to completion of such requirements as may be stated in the resolution. Conditional approval shall expire within 180 days after the date of the resolution granting conditional approval unless all such requirements are completed. This period may be extended by the Planning Board for periods of 90 days each beyond the 180-day initial period. Further extensions of time may be granted upon mutual agreement between the Planning Board and the applicant.

(10) Issuance of permits restricted.

(a) No building permits shall be issued within the proposed subdivision until the final plat has been signed by the duly authorized officer of the Planning Board and filed with the County Clerk. Notification of such filing also must be received by the Chairman of the Planning Board and the Code Enforcement Officer prior to the issuance of permits. When a certificate of occupancy is requested for a new building in a subdivision prior to the completion of all improvements shown on the approved subdivision plat, the utilities and streets serving the building shall be completed to a degree satisfactory to the Code Enforcement Officer of the Village. The decision of the Code Enforcement Officer shall be based upon the following considerations:

[1] Adequate vehicular access for the prospective occupant and emergency vehicles.

[2] Services adequate or completed, including water systems and an approved means to dispose of sanitary wastes.

[3] Structure completed to the satisfaction of the Village building codes which shall utilize standards set forth in the New York State Uniform Fire Prevention and Building Code.

(b) Where such certificate of occupancy has been issued, the streets and utilities proposed for dedication shall be maintained in a suitable condition by the subdivider at his expense and liability until such time as it is accepted by the Village.

(11) Completion of improvements; waiver; certificate of approval.

(a) Completion of improvements. The developer shall complete all improvements in accordance with the approval final subdivision plats. The quality of the improvements must be in accordance with final subdivision plats. Their quality also must be acceptable to the Engineer for the Village, the Highway and Fire Departments, the Municipal Utilities Board, the Village Board and any other agency having jurisdiction.

(b) Waiver. The Planning Board may waive, subject to appropriate conditions and guaranties, for such period as it may determine, the provision of any or all such improvements or processes as, in its judgment of the special circumstances of a particular plat or plats, are not requisite in the interest of the public health, safety and general welfare or which, in its judgment, are inappropriate because of inadequacy or lack of connecting facilities adjacent to or in proximity of the subdivision.

(c) Certificates of subdivision completion. Upon completion of improvements in accordance with the approved final subdivision plat, an inspection shall be made of the project by municipal officials who have jurisdiction over the various improvements installed. Upon satisfactory review, a certificate of subdivision completion shall be issued by the Chairman of the Planning Board. Acceptance of offers of dedication and release of the final performance bond shall be prerequisites to the issuance of the certificate.

(12) Surety. Provisions of this section are administered as provided for in § 7-730 of the Village Law of the New York State Statutes.

(a) Purpose. The Village requires a letter of credit or other acceptable surety to be filed with the Village prior to commencement of construction of the facilities to assure compliance with proper installation of facilities and utilities being offered for dedication and to protect future Village property owners.

(b) Approval of plats. After final approval of the subdivision plats, the developer will offer a proposed surety which indicates the estimated costs of facilities which will be offered for dedication or other such improvements required by the Planning Board. The Planning Board will review this proposed surety and, after seeking the advice of the Code Enforcement Officer, Attorney for the Village and/or other appropriate officials, shall submit a recommendation to the Village Board. The Village Board may, by resolution, accept or reject the proposed value.

(c) Approval of surety. When the Village Board is satisfied with the form and value of the proposed surety and is in receipt of the surety documents, the Village Board, by resolution, will accept the surety and submit it to the Village Clerk who is charged with authorizing releases on behalf of the Village. The Village Clerk will authorize releases from the surety only after receiving instructions from the Village Board regarding the amount of the release, the date and the parties who will be named in the release.

(d) Inspections. All improvements covered under a performance surety must be inspected during construction. Costs of the required inspections may be estimated by the Code Enforcement Officer and shall be borne by the developer and will be included in the initial value of the surety.

[1] The inspection procedure is designed to determine compliance with the approved plats.

[2] For inspection purposes, the contractor will notify the Village Code Enforcement Officer or a designee of the Planning Board when construction will be undertaken on proposed improvements. Reasonable notice is required. Normally, 24 hours' notice is considered to be reasonable.

[3] Inspections are the responsibility of the Code Enforcement Officer for the Village or a designee of the Planning Board. The Code Enforcement Officer or designee shall coordinate all inspections of the project with the developer and the various municipal officials who have jurisdiction over the various improvements installed. Subcontracting of inspections on behalf of the Code Enforcement Officer for the Village may be authorized by the Planning Board. Should the inspector find improvements are not being installed in compliance with approved plats, the Planning Board and the Village Board shall immediately be notified. The Village Board will take all necessary and proper steps to rectify the situation.

(e) The process for release of surety will be initiated when a request is made by the contractor for partial or total release and is submitted to the Village Board for approval. The request will be submitted by the Code Enforcement Officer for the Village who shall compare the request with the inspection record. The Code Enforcement Officer's determination will be forwarded to the Village Board with a recommendation for action. At that time, the Village Board will decide by resolution whether to honor the request and will determine the dollar value of the release. The Village Clerk will be instructed to issue the release in the amount determined by the Village.

(f) Upon completion of improvements, the Planning Board may honor a request for final release of funds.

[1] This process begins when the developer submits a request for release to the Village. Inspection by Village officials of the improvements is required to assure improvements have been properly accomplished. A report of this inspection is submitted to the Planning Board which will make recommendations concerning release to the Village Board.

[2] The Village Board will decide whether to accept dedication. If a road is offered for dedication, the Superintendent of Public Works will decide whether to accept road dedication. Upon acceptance of dedication, the Village Board will require a retainage fee. The Village Board will then release the developer from the former surety.

[3] In cases of unusually large developments or in cases where several contractors are involved in the construction of the project or other extraordinary circumstances, phased releases may be requested by the developer. The Village Board has the right to specify the manner of issuing the releases and to whom the releases are issued.

(g) All releases under surety are subject to retainage. Each time release occurs under a surety, 10% of the amount of the release is retained in the letter of credit until the facilities are dedicated. Upon dedication, the entire amount of the letter of credit will be released upon the filing of a suitable form of performance surety in the amount of 10% of the actual construction costs incurred. The surety shall be held for a period of one year following dedication to assure correction of any work that may be found to be defective.

(h) Surety can be waived in instances where the subdivider installs all improvements prior to the final plat being signed by a duly authorized officer of the Village.