[HISTORY: Adopted by the Board of Trustees of the Village of Massena 9-22-1969 as Ch. 53 of the 1969 Code. Amendments noted where applicable.]
[Amended 9-4-2001 by L.L. No. 2-2001]
The Massena Village Planning Commission shall prepare and may present for approval by the Village Board a comprehensive Master Plan for the development of the entire area of the Village, which Master Plan shall show existing and proposed streets, bridges and tunnels, and the approaches thereto, viaducts, parks, public reservations, roadways in parks, sites for public buildings and structures, zoning districts, pierhead and bulkhead lines, waterways and routes of public utilities and such other features, existing and proposed, as will provide for the protection and improvement of the Village and its future growth and development, and will afford adequate facilities for the public housing, transportation, distribution, comfort, convenience, public health, safety and general welfare of its population. The Master Plan, and all modifications thereof, shall be on file in the office of the Planning Commission and in the offices of the Village Engineer and Village Clerk.
Said Planning Commission may advertise and hold public hearings when it desires, notice of which hearings shall be advertised at least once in a newspaper of general circulation in the Village and by posting a notice of said hearing in at least three prominent places at least five days before each such hearing.
No plan, plot or description showing the layout of any highway or street upon private property, or of building lots in connection with, or in relation to, such highways or streets within the limits of this municipality shall be received for record in the office of the Clerk of this county until two copies thereof shall have been filed with the said Planning Commission and it has certified its approval thereof. Before such approval shall be given, formal offers of cession of all streets, highways and parks, not marked by notation on the plat as being retained under private ownership, shall be filed with the Commission, and public hearings shall be held by the Planning Commission advertised as directed in § 59-2. The Planning Commission may, thereupon, approve, modify and approve, or disapprove such plat.
The approval required by this section, or the refusal to approve, shall take place within 45 days from and after the time of submission of the plat to the Commission for approval; otherwise, such plat shall be deemed to have been approved and the certificate of the Village as to the date of submission of the plat for approval and the failure of the Commission to take action within such time shall be issued by the Village Clerk on demand and shall be sufficient in lieu of the written endorsement or other evidence of approval herein required.
The Planning Commission shall, within five days after its receipt of copies of the proposed plot, plan or description, file one copy with the Village Clerk upon which shall be endorsed the date of its receipt by the Planning Commission.
Within five days after the approval or disapproval of any plot, plan or description by the Planning Commission, notice of such action shall be given to the Village Clerk by said Planning Commission. The grounds of refusal shall be stated in the records of the Commission.
The approval by the Planning Commission or the certificate of the Village as to the date of submission of the plat and the failure of the Planning Commission to take action thereon within 45 days shall expire 62 days from the date of such approval or of such certificate, unless within such sixty-two-day period such plat shall have been duly filed or recorded by the owner in the office of the County Clerk.
[Amended 9-4-2001 by L.L. No. 2-2001]
The Village Clerk is hereby authorized and charged with the duty of filing in the office of the County Clerk a certificate showing that said Planning Commission has been so authorized and that the Village Clerk shall issue the aforementioned certificate of failure to take action as aforesaid.
Before the approval by the Planning Commission of a plat, such plat shall show in proper cases, and when required by the Planning Commission, a park or parks suitably located for playground or other recreational purposes. In approving such plats, the Commission shall require that the streets and highways shall be of sufficient width and suitable grade and shall be suitably located to accommodate the prospective traffic, to afford adequate light and air, to facilitate fire protection, and to provide access of fire-fighting equipment to buildings and to be coordinated so as to compose a convenient system conforming to the Master Plan; that the land shown on such plats shall be of such a character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace; that suitable monuments shall be placed at such block corners and other necessary points as may be required by the Commission and the location thereof is shown on the map of such plat; that the parks shall be of reasonable size for neighborhood playgrounds or other recreational uses; that all streets or other public places shown on such plats shall be suitably graded and paved and that sidewalks, streetlighting standards, curbs, gutters, street trees, water mains, sanitary sewers and storm drains or combined sewers shall be installed in accordance with standards, specifications and procedure acceptable to the Board of Trustees or the appropriate municipal departments, or that, alternatively, a performance bond, sufficient in amount to cover the full cost of the same as estimated by the Planning Commission or other appropriate municipal department designated by the Planning Commission, shall be furnished to the municipality by the owner; provided, however, that the Planning Commission may waive, subject to appropriate conditions and guarantees for such period as it may determine, the provisions of any, or all, such improvements as, in its judgment, of the special circumstances of a particular plat or plats are not requisite in the interests of the public health, safety and general welfare.
Such performance bond shall be issued by a bonding or surety company approved by the Board of Trustees, or by the owner with security acceptable to the Board of Trustees, and shall also be approved by the Board of Trustees as to form, sufficiency and manner of execution. Such performance bond shall run for a term to be fixed by the Planning Commission but, in no case, for a longer term that three years; provided, however, that the term of the performance bond may be extended by the Planning Commission with the consent of the parties thereto. If the Planning Commission shall decide at any time during the term of the performance bond that the extent of building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such performance bond, or that required improvements have been installed as provided in this section and by the Planning Commission in sufficient amount to warrant reduction in the face amount of such bond, the Planning Commission, after due notice and public hearing, may modify its requirements for any or all such improvements and the face value of such performance bond shall thereupon be reduced by an appropriate amount so that the new face value will cover the cost in full of the amended list of improvements required by the Planning Commission and any security deposited with the bond may be reduced proportionately. In the event that any required improvements have not been installed with the term of the performance bond, the Board of Trustees may thereupon declare the performance bond in default and collect the sum remaining payable thereunder and, upon receipt of the proceeds thereof, the Village shall install such improvements as are covered by such performance bond and commensurate with the building development that has taken place in the subdivision but not exceeding in cost the amount of such proceeds.
In making such determination regarding streets, highways, parks and required improvements, the Planning Commission shall take into consideration the prospective character of the development, whether dense residence, open residence, business or industrial.
Insofar as provisions of the law, other than those in this chapter, require approval of a plat, map or plan of land as a prerequisite of its record, or to allow it to be recorded, said provisions shall not be in force insofar as they apply to plats, maps and plans of land within the limits of this municipality.
The Planning Commission is authorized and empowered, simultaneously with approval of such plat mentioned in § 59-3, to confirm the zoning regulations of the land so platted as shown on the Official Zoning Maps of the Village, or to make such reasonable change therein as may be necessary or proper to improve or protect the interests of the Village in its public health, safety and general welfare.