[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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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]
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
