Whenever any subdivision of land is proposed to be made, whether minor
or major, 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 may, prior to subdividing or resubdividing land, submit to the Planning Board, at least ten (10) days prior to the regular meeting of the Planning Board, two (2) copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of § 219-21, for the purposes of classification and preliminary discussion.
B.
Discussion of requirements and classification.
(1)
The landowner proposing the subdivision, or his duly
authorized representative, shall attend the meeting of the Planning Board
to discuss the requirements of this chapter 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 this chapter. The Planning 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 §§ 219-7 and 219-11 of this chapter. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in §§ 219-8, 219-9, 219-10, 219-11 and 219-12.
C.
Review of sketch plan. The Planning Board shall determine
whether the sketch plan meets the purposes of this chapter and shall, where
it deems it necessary, make specific recommendations in writing to be incorporated
by the applicant in the next submission.
A.
Application and fee.
(1)
In those instances where the applicant has participated
in a sketch plan review, the applicant shall, within six (6) months of the
sketch plan meeting, submit an application for approval of a subdivision plat.
B.
Number of copies. Sixteen (16) copies of the subdivision
plat shall be presented to the Planning Board at the time of submission of
the subdivision plat.
C.
Subdivider to attend meetings. 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 on which the application
for plat approval has been reviewed and determined complete by the Planning
Board.
E.
Public hearing. A public hearing shall be held by the
Planning Board within sixty-two (62) days from the time that the application
has been determined complete. Said hearing shall be advertised in a newspaper
of general circulation in the village at least five (5) days before such hearing.
F.
Factors to be considered. In evaluating the subdivision proposal, the Planning Board shall take 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 Chapter 250, Zoning, and the Comprehensive Plan, as well as the Official Map, if such exists.
G.
Action on subdivision plat.
(1)
The Planning Board shall, within sixty-two (62) days
from the date of the public hearing, act to conditionally approve, conditionally
approve with modification, disapprove or grant final approval and authorize
the signing of the subdivision plat. This time may be extended by mutual consent
of the subdivider and the Planning Board. Failure of the Planning Board to
act within such time shall constitute approval of the plat.
(2)
Upon granting conditional approval with or without modifications
to the plat, the Planning Board shall empower a duly authorized officer to
sign the plat upon compliance with such conditions and requirements as may
be stated in its resolution of conditional approval. Within five (5) days
of the resolution granting conditional approval, the plat shall be certified
by the Clerk of the Planning Board as conditionally approved, a copy shall
be filed in his/her office and a certified copy mailed to the subdivider.
The copy mailed to the subdivider shall include a certified statement of such
requirements which, when completed, will authorize the signing of the conditionally
approved plat. Upon completion of such requirements, the plat shall be signed
by the duly designated officer of the Planning Board. Conditional approval
of a plat shall expire one hundred eighty (180) days after the date of the
resolution granting such approval unless the requirements have been certified
as completed within that time. The Planning Board may, however, extend the
time within which a conditionally approved plat may be submitted for signature,
if in its opinion such extension is warranted in the circumstances, for not
to exceed two (2) additional periods of ninety (90) days each.
H.
Action on subdivision plat. Upon completion of the requirements of Subsections A through G above, the minor subdivision shall be deemed to have final approval and shall be filed by the applicant in the office of the Schenectady County Clerk. Any minor subdivision plat not so filed or recorded with the County Clerk within sixty-two (62) days of the date upon which such plat is approved shall become null and void.
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 approval of a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked "preliminary plat" and shall be in the form described in § 219-23 hereof. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of the Village Law and § 219-21, except where a waiver may be specifically authorized by the Planning Board.
B.
Number of copies. Sixteen (16) copies of the preliminary
plat shall be presented to the Building Inspector at the time of submission
of the preliminary plat.
C.
Subdivider to attend meetings. The subdivider, or his
duly authorized representative, shall attend the meeting of the Planning Board
to discuss the preliminary plat.
D.
Review of preliminary plat. The Planning Board shall assess 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 Chapter 250, Zoning, and the Comprehensive Plan, as well as the Official Map, if such exists.
E.
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date on which the application for approval of the preliminary plat, complete and accompanied by the required fee and all data required by § 219-23, has been accepted as complete by the Planning Board.
F.
Approval of the preliminary plat.
(1)
Within sixty-two (62) days after the Planning Board has declared the application complete, and reviewed the application for potential environmental impacts as mandated by the State Environmental Quality Review Act and Chapter 129, Environmental Quality Review, the Planning Board shall hold a public hearing, which hearing shall be advertised at least once in a newspaper of general circulation in the village at least five (5) days before such hearing. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat. Within sixty-two (62) days after the date of such hearing, the Planning Board shall approve with or without modifications, or disapprove such preliminary plat, and the reasons for modifications, if any, or the reasons for disapproval shall be stated upon the records of the Planning Board.
(2)
The time in which the Planning Board must take action
on such plat may be extended by mutual consent of the subdivider and the Commission.
When so approving a preliminary plat, the Planning Board shall state, in writing,
modifications, if any, as it deems necessary for submission of the plat in
final form. Within ten (10) days of the approval of such preliminary plat,
it shall be certified by the Clerk of the Planning Board as granted preliminary
approval and a copy filed in his/her office, a certified copy mailed to the
owner and a copy forwarded to the Village Clerk. Failure of the Planning Board
to act within such sixty-two-day period shall constitute approval of the preliminary
plat.
(3)
When granting approval to a preliminary plat, the Planning
Board shall state the terms of such approval, if any, with respect to the
modifications to 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.
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 final
plat, which will be submitted for approval of the Planning Board and for recording
upon fulfillment of the requirements of this chapter. 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.
G.
Compliance with environmental quality review regulations. As stated in Subsection F above, the application must be reviewed in accordance with the requirements of the State Environmental Quality Review Act (SEQRA) and Chapter 129, Environmental Quality Review. Should such review trigger the preparation of an environmental impact statement, the subdivision review process time clock is put on hold until the SEQR process concludes.
A.
Application for approval and fee. The subdivider shall,
within six (6) months after the approval of the preliminary plat, file with
the Planning Board an application for approval of the subdivision plat in
final form. If the final plat is not submitted within six (6) months after
the approval of the preliminary plat, the Planning Board may refuse to approve
the final plat and require resubmission of the preliminary plat.
B.
Number of copies. A subdivider intending to submit a
proposed subdivision plat for the final approval of the Planning Board shall
provide the Building Department with a copy of the application and sixteen
(16) copies [one (1) copy in ink on linen or an acceptable equal] of the plat,
the original and one (1) true copy of all offers of cession, covenants and
agreements and two (2) prints of all construction drawings.
C.
When officially submitted. The time of submission of the final subdivision plat shall be considered to be the date on which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by § 219-24, has been determined complete by the Planning Board.
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 New York State 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 New York State Department of Health shall be secured by the subdivider
before the Planning Board Chairman signs the final plat.
E.
Public hearing. Within sixty-two (62) days of the Planning
Board determining the final plat application complete, the Board has the option
of holding another public hearing. If the Planning Board opts for a hearing,
it shall be advertised at least once in a newspaper of general circulation
in the village at least five (5) days before such hearing. In deciding whether
or not a public hearing is necessary, the Board should base its decision on
the magnitude of changes on the final plat versus what was reviewed during
the preliminary plat phase. If substantial changes have been made, a public
hearing may be warranted.
F.
Action on proposed subdivision plat.
(1)
The Planning Board shall, by resolution, conditionally
approve, conditionally approve with or without modifications, disapprove or
grant final approval and authorize the signing of such plat, within sixty-two
(62) days of the Board determining the final plat application complete, if
no hearing is held, or in the event a hearing is held, within sixty-two (62)
days after the date of such hearing. This time may be extended by mutual consent
of the subdivider and the Planning Board. Failure to take action on a final
plat within the time prescribed therefor shall be deemed approval of the plat.
(2)
Upon resolution of conditional approval of such final
plat, the Planning Board shall empower a duly authorized officer to sign the
plat upon completion of such requirements as may be stated in the resolution.
Within ten (10) days of such resolution, the plat shall be certified by the
Clerk of the Planning Board as conditionally approved and a copy filed in
his/her office and a certified copy mailed to the subdivider. The copy mailed
to the subdivider shall include a certified statement of such requirements
which, when completed, will authorize the signing of the conditionally approved
final plat. Upon completion of such requirements, the plat shall be signed
by said duly authorized officer of the Planning Board. Conditional approval
of a final plat shall expire one hundred eighty (180) days after the date
of the resolution granting such approval unless the requirements have been
certified as completed within that time. The Planning Board may, however,
extend the time within which a conditionally approved plat may be submitted
for signature, if in its opinion such extension is warranted in the circumstances,
for not to exceed two (2) additional periods of ninety (90) days each.
A.
Improvements and performance bond.
(1)
Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1)(a) or (b) below:
(a)
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, further, shall be satisfactory to the Board of Trustees and
Village Attorney as to form, sufficiency, manner of execution and surety.
A period of two (2) years shall be set forth in the bond within which required
improvements must be completed.
(b)
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 Planning 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 improvements not approved by the Village Engineer. Any such bond shall
be satisfactory to the Board of Trustees and Village Attorney as to form,
sufficiency, manner of execution and surety.
(c)
The required improvements shall not be considered to be complete until the installation of the improvements has been approved by the Village Engineer and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(1)(b), then said map shall be submitted prior to the endorsement of the plat by the appropriate officer of the Planning Board. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection A(1)(a), such bond shall not be released until such a map is submitted.
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 Board's approval
and do not extend to the waiver or substantial alteration of the function
of any improvements required by the Planning 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 (5) days prior
to commencing construction of required improvements, the subdivider shall
pay to the Building Inspector the inspection fee required by the Board of
Trustees and shall notify the Village Engineer, in writing, of the time when
he proposes to commence construction of such improvements so that the Village
Engineer 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.
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 has not
been constructed in accordance with plans and specifications filed by the
subdivider, he shall so report to the Board of Trustees, Building Inspector
and Planning Board. The 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.
A.
Final approval and filing. Upon completion of the requirements in §§ 219-9 and 219-10 above, the plat shall be deemed to have final approval and shall be properly signed by the duly designated officer of the Planning Board and shall be filed by the applicant in the Office of the Schenectady County Clerk. Any subdivision plat not so filed or recorded within sixty-two (62) days of the date upon which such plat is approved or considered approved, by reasons of the failure of the Planning Board to act, shall become null and void.
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 Schenectady 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 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.
Pursuant to resolution of the Board of Trustees, the Planning Board is empowered to modify applicable provisions of Chapter 250, Zoning, in accordance with the provisions of § 7-738 of the Village Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of open lands, the following shall be the procedure and standards:
A.
Request by subdivider. A subdivider may request the use of § 7-738 simultaneously with or subsequent to presentation of the sketch plan as per the procedure described in Article II. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plat review.
B.
Sketch plat. A subdivider shall present, along with a proposal in accordance with the provisions of § 7-738, a standard sketch plat which is consistent with all the criteria established by this chapter, including but not limited to streets being consistent with village street specifications and lots being consistent with Chapter 250, Zoning.
C.
Park, recreation, open space or other municipal purposes.
If the application of this procedure results in a plat showing land available
for park, recreation, open space or other municipal purposes directly related
to the plat, then conditions as to ownership, use and maintenance of such
lands as are necessary to assure the preservation of such lands for their
intended purposes shall be set forth by the Planning Board.
D.
Plat submission. Upon determination that such sketch
plat is suitable for the procedures under § 7-738, and subsequent
to the resolution authorizing the Planning Board to proceed, a preliminary
plat meeting all of the requirements of the resolution shall be presented
to the Planning Board, and thereafter the Board shall proceed with the required
public hearings and all other requirements of this chapter.
E.
Filing; notation on Zoning Map. On the filing of a plat
in the office of the County Clerk in which § 7-738 has been used,
the subdivider shall file a copy with the Building Inspector. The Building
Inspector shall keep a record of those applicants who have received subdivision
approval under the authority of § 7-738 of Village Law.
