Village of Florida, NY Article III Application Procedures

§ 103-3 Compliance required.

Full compliance with the provisions of Article 7 of the Village Law, applicable provisions of the Public Health Law and with these subdivision regulations concerning the preparation of a subdivided sketch plan, preliminary plat, vicinity map and subdivision plat, except where variations of these regulations may be expressly authorized by the Planning Board, is necessary for the information of the Board and of the public at public hearings as provided in this section. Due care in the preparation of the maps and other information called for will expedite the process of obtaining the Board's decision concerning the formal subdivision plat. When any subdivision of land is proposed to be made and, to avoid violation of § 334 of the Real Property Law and § 136 of the Highway Law, before any contract for the sale of land or any offer to sell such subdivision or any part thereof is made, or any grading, clearing, construction or other improvement is undertaken therein, the subdivider or his duly authorized agent shall apply in writing for approval of such proposed subdivision in accordance with the following procedures.

§ 103-4 Sketch plan.

A. Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Planning Board at least 15 days prior to the regular meeting of the Board a fee of $5 for a minor subdivision and $25 for a major subdivision, together with two copies of a sketch plan of the proposed subdivision for a minor subdivision and five copies for a major subdivision, which shall comply with the requirements of Article V, § 103-23, for the purposes of classification and preliminary discussion: (minor subdivision) one print to the Planning Board Chairman and one print to the Village Engineer or Building Inspector; (major subdivision) four prints to the Planning Board Chairman and one print to the Village Engineer or Building Inspector.

B. Discussion of requirements and classification.

(1) The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the requirements of these regulations for street improvements, drainage, sewage, 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 these regulations. The 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 Article III, § 103-5, of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ 103-6, 103-7, 103-8, 103-9 and 103-10.

(3) The Planning Board may require a deed restriction limiting the resubdivision of any parcel of land large enough to be legally divided or resubdivided under the provisions of the Zoning Law. The intent of the deed restriction will be as follows:

(a) No more than a total of three lots may be created either simultaneously or sequentially from a parent parcel under classification as a minor subdivision. Should more than that total number of lots be applied for at any time in the future, the applicant will have to include all information required of a major subdivision for the previously subdivided lots as well as for the lots under consideration in the application.

(b) No more than a total of 49 lots may be created either simultaneously or sequentially from a parent parcel for which both central sewer and water services do not exist, subject only to the waiver of the State Commissioner of Health if it warrants it. Should more than that total number of lots at any time be applied for, the applicant will have to include a plan for providing central sewer and water services to the previously subdivided lots at no additional cost to their present owners as part of his present application for subdivision.

C. Study of sketch plan. The Planning Board shall, within 60 days, determine whether the sketch plan meets the purposes of these regulations and shall, where it deems it necessary, make specific recommendations in writing to be incorporated by the applicant in the next submission to the Planning Board.

§ 103-5 Minor subdivision.

A. Application and fee. Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a subdivision plat. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in Article V, § 103-24. All applications for plat approval for minor subdivisions shall be accompanied by a fee of $25 per lot.

B. Number of copies. Five copies of the subdivision plat shall be presented to the Secretary of the Planning Board at least 15 days prior to a scheduled monthly meeting of the Planning Board.

C. Subdivider to attend Planning Board meeting. 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 of the regular monthly meeting of the Planning Board at least 15 days prior to which the application for plat approval, complete and accompanied by the required fee and all data required by Article V, § 103-24, of these regulations, has been filed with the Secretary of the Planning Board.

E. Endorsement of state and county agencies. If the site borders a county or state road, copies of the submission shall be forwarded to the Orange County Department of Public Works and/or the Regional Office of the New York State Department of Transportation in time for their comments to be returned and read into the minutes of the public hearing. If the site lies within 500 feet of a county or state road, drainage easement, institution or park or within 500 feet of a municipal boundary, a copy of the submission shall be forwarded to the Orange County Department of Planning in time for its comments to be returned and read into the minutes of the public hearing.

F. Public hearing. A public hearing shall be held by the Planning Board on all plats submitted in final form to the Planning Board. The hearing must be advertised at least once in a newspaper of general circulation in such Village and a notice of hearing posted in at least three prominent places at least five days before such hearing, and by posting notice thereof by mail to the owners of property within 300 feet of the proposed subdivision and directly across any adjoining street and to any other persons to whom the Board may deem to be particularly affected at least five days prior to the hearing by the applicant.

G. Action on subdivision plat. The Planning Board shall, within 60 days from the date of submission, approve, modify and approve or disapprove the final plat. The Board shall specify in writing its reasons for any such disapproval. In the event that the hearing is not held, or if the Board fails to disapprove the minor subdivision plat within the 60 days prescribed above, the plan shall be deemed approved.

H. Filing. Upon approval, the final plat shall be properly signed by the duly authorized person or persons and shall be filed by the applicant in the office of the County Clerk. Any minor subdivision plat not so filed or recorded within 90 days of the date upon which such plat is approved or considered approved by reason of the failure of the Planning Board to act shall become null and void. The applicant shall submit six copies of the final plat showing the endorsement of the County Clerk to the Board's Secretary within 30 days of the date of filing.

I. Extension. Not withstanding the foregoing provisions of this section, the Planning Board may extend the time for filing and recording such plat, if in its opinion such intention is warranted by the particular circumstances thereof, for not to exceed two additional periods of 90 days each.

§ 103-6 Preliminary plat for major subdivision.

A. Application and fee. Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the consideration of a preliminary plat of the proposed subdivision, in the form prescribed in Article V, § 103-25, hereof. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of § 7-728 of the Village Law and Article V, § 103-25, these regulations, except where a waiver may be specifically authorized by the Planning Board. The filing fee shall be $100 for the first four lots or units plus $15 for each additional lot or unit in the proposed subdivision, including each lot or unit reserved to the owner and each lot dedicated for public use. These fees shall not be refundable.

B. Purpose.

(1) The preliminary layout and the supporting documents for a proposed subdivision constitute the material to be officially submitted to the Planning Board, and later one copy shall become the official record of the Village Clerk. They show the general design of the subdivision and its public improvements so that the Planning Board can indicate its approval or disapproval of the subdivision prior to the time that the final plat, including the design and detailing of the public improvements and utilities, is completed. Approval of the preliminary layout does not constitute an approval of the final plat, nor should it be considered a valid basis for the construction of site improvements or for other commitments which depend upon its design characteristics.

(2) When revision of the proposed subdivision is required, the preliminary layout shall be revised accordingly so that the files of the Planning Board and other municipal officials will be current.

(3) The preliminary layout shall serve as a key map to subdivisions subsequently laid out in sections on final plats.

C. Number of copies. The application for approval of the preliminary plat, complete with six copies of the preliminary plat and accompanied by the required fee and all data required by Article V, § 103-25, of these regulations, shall be filed with the Secretary of the Planning Board at least 15 days prior to a regular monthly meeting of the Planning Board. A proposed submission which does not include all the required drawings and documents will not be accepted for filing.

D. Subdivider to attend Planning Board meeting. The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the preliminary plat.

E. Study of preliminary plat. The Planning Board shall study 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 arrangements, the future developments of adjoining lands as yet unsubdivided and the requirements of the Master Plan, the Official Map and Zoning Law, if such exist.

F. Endorsement of utilities. A copy of the preliminary subdivision shall be forwarded to the electric utility company servicing the area within which the site is located not less than 10 days prior to a hearing so that its comments may be returned and read into the minutes of the public hearing.

[Added 11-11-1983 by L.L. No. 2-1983]

G. Endorsement of state and county agencies. If the site borders a county or state road, copies of the preliminary submission shall be forwarded to the Orange County Department of Public Works and/or the Regional Office of the New York State Department of Transportation in time for their comments to be returned and read into the minutes of the public hearing. If the site lies within 500 feet of an existing or proposed county or state road, drainage easement, institution or park or within 500 feet of a municipal boundary, a copy of the preliminary submission shall be forwarded to the Orange County Department of Planning not less than 10 days prior to a hearing so that its comments may be returned and read into the minutes of the public hearing.

H. Referral. If the preliminary plat for subdivision of land occurs within 500 feet of the municipal boundary, a copy of the preliminary plat shall be sent by the Planning Board Secretary to the appropriate municipal official of the adjoining community, indicating whether the proposed subdivision is in reasonable harmony with its Master Plan. Any written communication will be considered if received prior to the public hearing date on the preliminary plat.

I. Preliminary public hearing. The Planning Board shall hold a public hearing after the receipt of such plat by the Secretary of the Planning Board. The hearing must be advertised at least once in a newspaper of general circulation in such Village and a notice of hearing posted in at least three prominent places at least five days before such hearing, and by posting notice thereof by mail to the owners of property within 300 feet of the proposed subdivision and directly across any adjoining street and to any other persons whom the Board may deem to be particularly affected at least five days prior to the hearing by the applicant.

J. Conditional approval of the preliminary plat.

(1) The Planning Board shall take action within 60 days after submission to conditionally approve, with or without modifications, or disapprove the preliminary plat. When conditionally approving a preliminary plat, the Planning Board must state in writing the modifications, if any, it deems necessary for submission of the plat in final form with respect to: the specific change which it will require in 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 categories of improvement or the amount of all bonds therefor which it will require as prerequisite to the approval of the subdivision plat. The action of the Planning Board plus any conditions attached thereto shall be noted on three copies of the preliminary plat. One copy shall be returned to the subdivider, one retained by the Planning Board and one forwarded to the Village Board through the Village Clerk. Conditional 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 plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations and the conditions of the conditional approval of the preliminary plat, if any.

(2) 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 any new information obtained at the public hearing.

(3) In the event that the Planning Board fails to act on a preliminary plat within such sixty-day period, the plat shall be deemed granted conditional approval and the certificate of the Village Clerk as to the date of submission and failure of the Planning Board to act on the plat must be issued on demand. This certificate is sufficient in lieu of any other evidence of conditional approval of the preliminary plat.

K. Expiration of approval. Planning Board approval of a preliminary layout submission shall expire six months after the date of such formal action. No Planning Board action will be taken after such expiration until a new application and filing fee are submitted. A waiver for a reasonable period of time may be given in cases of hardship upon petition to the Planning Board.

§ 103-7 Final plat for major subdivision.

A. Application for approval and fee. The subdivider shall, within six months after the approval of the preliminary plat, file with the Planning Board an application for approval of the subdivision plat in final form, using the approved application blank available from the Secretary of the Planning Board. All applications for plat approval for major subdivisions shall be accompanied by a fee of $5 per lot or unit. If a final plat is submitted for only a portion of the subdivision shown on the approved preliminary plat, an additional filing fee of $100 shall be paid for each final section submitted after the first final section is approved, and an additional fee of $5 shall be paid for each lot not shown on the preliminary plat. If the final plat is not submitted within six 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. The funds shall not be refundable.

B. Purpose. The final plat and supporting drawings and documents for a proposed subdivision constitute the complete development of the subdivision proposal and include the recommendations resulting from the Planning Board review of the preliminary layout as well as the detailed layout drawings for the public improvements and utilities. After public hearing and approval by the Planning Board, this complete submission, along with the performance bond and the general liability insurance policy as approved by the local governing body, becomes the basis for the construction of the subdivision and the inspection services by the Planning Board and the Municipal Engineer or other delegated municipal officer. The plat itself must be recorded at the County Clerk's office to have legal status. An unrecorded plat is not a valid basis for site improvements or other commitments which depend on its design characteristics. The final plat shall be an accurate survey record of the properties resulting from subdivision.

C. Number of copies. A subdivider intending to submit a proposed subdivision plat for the approval of the Planning Board shall provide the Secretary of the Planning Board with three copies of the application and six copies of the plat, the original and one true copy of all offers of cession, covenants and agreements, letters from appropriate agencies, utilities and boards having jurisdiction and three prints of all construction drawings at least 15 days in advance of the regular monthly Planning Board meeting at which it is to be officially submitted. At the same time, if he intends to request any waiver of the requirements of standards provided for in these regulations in connection with final plat approval, a statement applying for such waiver shall be filed with the final plat submission.

D. When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Board at least 15 days prior to which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by Article V, § 103-26, of these regulations, has been filed with the Secretary of the Planning Board.

E. Endorsement of utilities. Electric service facility proposals contained in the subdivision plat shall be properly endorsed and approved by the utility company servicing the area within which the site is located. Endorsement and proof of utility notification shall be secured by the subdivider before official submission of the subdivision plat.

[Added 11-11-1983 by L.L. No. 2-1983]

F. Endorsement of state and county agencies. Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the Orange County Department of Health, and application for approval of plans for sewer or water facilities will be filed by the subdivider with all necessary municipal, county and state agencies. Endorsement and approval by the Orange County Department of Health shall be secured by the subdivider before official submission of the subdivision plat. Certified copies of permits signed by a responsible official of the State Highway Department or the Orange County Superintendent of Highways, approving proposed construction and/or discharge on state or county rights-of-way, shall be submitted.

G. Performance bond estimate. The Municipal Engineer or other delegated municipal officer shall prepare a performance bond estimate, seven copies thereof to be submitted along with his recommendations on the final plat. Cost of said estimate shall be borne by the applicant and not be refundable.

H. Public hearing. A public hearing shall be held on the final plat by the Planning Board. Notice of the hearing shall be advertised at least once in a newspaper of general circulation in such Village and a notice of hearing posted in at least three prominent places at least five days before such hearing, and by posting notice thereof by certified mail to the owners of property within 300 feet of the proposed subdivision and directly across any adjoining street and to any other persons whom the Board may deem to be particularly affected at least five days prior to the hearing by the applicant.

I. Action on proposed subdivision plat. The Planning Board shall, within 60 days from the date of the submission of the subdivision plat, approve, disapprove or modify and approve the final subdivision plat and shall specify in writing its reasons for any such refusal. Provision may be made for extension of this time by mutual consent of the subdivider and the Planning Board. In the event that the hearing is not held, or if the Planning Board fails to disapprove the plat within the 60 days prescribed above, the plat shall be deemed approved as submitted, and the certificate of the Clerk of such Village as to the date of the submission of the plat or the proposed development thereof for approval and the failure to take action thereon within such time shall be issued on demand and shall be sufficient in lieu of the written endorsement or other evidence of approval herein required. If the plat is approved, the subdivider shall carry out the following steps prior to obtaining the Chairman's signature of approval:

(1) Make all required corrections or changes to the satisfaction of the Planning Board.

(2) Obtain a performance bond in the amount of the bond estimate and a general liability insurance policy and submit them to the Municipal Attorney for approval as to form. See Article III, § 103-8B, Performance bond, and § 103-8C, General liability insurance.

(3) Prepare prints of the corrected final plat drawings and submit the following:

(a) Five paper prints.

(b) Two opaque cloth lithoprints.

(c) One tracing cloth lithoprint and the original drawing.

(d) Three paper prints of the corrected public improvements and utilities plan and profiles.

(4) Pay the required inspection fee at the Village Clerk's office.

§ 103-8 Required public improvements.

A. Improvements. The following improvements will be required except when, in the special or peculiar circumstances of a particular case, the Planning Board modifies or waives a requirement by specific resolution (see Article V, § 103-23B; Article V, § 103-25E; and Article VI, §§ 103-27, 103-28 and 103-29):

(1) Paved streets.

(2) Curbs or gutters.

(3) Sidewalks.

(4) Water mains and fire hydrants.

(5) Sanitary sewage disposal.

(6) Storm drainage system.

(7) Street signs.

(8) Streetlighting.

(9) Street trees.

(10) Seeding or sodding of planting strips with lawn grass.

(11) Fire pull boxes.

B. Performance bond. A performance bond equaling 75% of the work to be done and irrevocable letters of credit representing 25% of the work to be done shall be delivered to the Village to guarantee to the municipality that the subdivider will faithfully cause to be constructed and completed within a reasonable time the required public improvements and convey the required lands and improvements to the Village free and clear of encumbrances. Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth below:

(1) In an amount set by the Planning Board from an estimate prepared by the Village Engineer, the subdivider shall either file with the Municipal Clerk a certified check to cover the full cost of the required improvements or file with the Village Clerk a performance bond issued by a bonding or surety company approved by the Village legislature to cover the full cost of the required improvements or any combination thereof. Any such bond shall comply with the requirements of § 7-730 of the Village Law and further, shall be satisfactory to the Village legislature and Village Attorney as to form, sufficiency, manner of execution and surety. A period of one year or such other period as the Planning Board may determine appropriate, not to exceed three years, shall be set forth in the bond within which required improvements must be completed; however, the term of such performance bond may be extended by the Village Board with the consent of the parties thereto.

(2) The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Municipal Engineer and a map satisfactory to the Planning Board has been submitted indicating the location of monuments, marking all underground utilities as actually installed. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection B(1) above, such bond shall not be released until such a map is submitted. The Village Board shall release the bond upon certification of the Village Engineer and Village Attorney that all requirements of the bond are satisfied.

(3) The subdivider shall complete all required improvements or post the required performance bond, either or both, to the satisfaction of the Village Board before any building permits will be issued.

(4) If the Planning Board 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 Board in sufficient amount to warrant reduction in the face amount of said bond, or that the character and extent of such development requires additional improvements previously waived for a period stated at the time of fixing the original terms of such bond, the Planning Board may modify its requirements for any or all such improvements and shall make such recommendations to the Village Board. The Village Board may modify the face value of such performance bond and it shall thereupon be reduced or increased by an appropriate amount so that the new face value will cover the cost in full of the amended list of improvements recommended by the Planning Board and required by the Village Board, and any security deposited with the bond may be reduced or increased proportionately.

C. General liability insurance.

(1) Procedure. The general contractor shall file with the Village Attorney a general liability insurance policy at the same time as he files his performance bond. The Village legislature shall approve the policy as to form. The policy shall be in force during the term of the performance bond and shall be extended in conformance with any extension of the performance bond.

(2) Coverage. The policy shall insure the municipality and the general contractor and shall cover all operations in the development involving existence and maintenance of property and buildings and contracting operations of every nature, including all public improvements. Said policy shall have limits of liability of $100,000 for bodily injury to each person and $300,000 liability in the aggregate for each accident and property damage liability of $5,000 for each accident and $25,000 aggregate property damage liability, or such higher limits as the Planning Board may require.

D. Maintenance bond. The subdivider shall file with the Village Board a maintenance bond in an amount based on a maximum of 10% of the performance bond estimate and which shall be adequate to assure the satisfactory condition of the initial public improvements for a period of two years following their completion and acceptance by the Village Board. Such bond shall be satisfactory to the Municipal Attorney as to form, manner and execution surety.

E. Modification of design 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, the Village Engineer may, upon approval by a previously delegated member of the Town Board and Planning Board, authorize modifications, provided that these modifications are within the spirit and intent of the Planning Board's approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the 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.

F. Supervision of improvements. The construction of all required improvements shall be supervised by the Village Engineer, who, after completion of construction, shall certify to the Town Board and Planning Board that all required improvements have been constructed as required and approved by the Board or as modified by the Board.

G. Inspections.

(1) Routine inspection.

(a) All improvements will be inspected by the Village Engineer to ensure satisfactory completion. In no case shall any paving work, (including prime and seal coats,) be done without permission from the Village Engineer. At least five days' notice shall be given to the Village Engineer prior to such construction so that a representative of the municipality may be present at the time work is to be done. The Village Engineer shall be notified after each of the following phases of the work has been completed so that he or his representative may inspect the work:

[1] Road subgrade.

[2] Curb and gutter forms.

[3] Road paving, after each coat in the case of priming and sealing.

[4] Sidewalk forms, if required by the Planning Board.

[5] Sanitary sewers, drainage pipe and other drainage structures before backfilling.

[6] All underground utilities prior to backfilling.

(b) If the Village Engineer or other duly designated official does not carry out inspection of required improvements during construction, the subdivider or the bonding company shall not in any way be relieved of their responsibilities.

(2) Final inspection. A final inspection of all improvements will be made to determine whether the work is satisfactory and in substantial agreement with the approved final plat drawings and in compliance with the Village specifications as of the time the offer of dedication of the roads is made to the Village Board. The general condition of the site shall be considered. Upon a satisfactory final inspection report, action will be taken to release the performance bond covering such improvements and utilities.

(3) Inspection fee. An inspection fee of 6% of the amount of the performance bond shall be paid to the Village prior to the time that the Chairman of the Planning Board signs the final plat.

[Amended 3-8-2005 by L.L. No. 2-2005]

H. 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 have not been constructed in accordance with plans and specifications filed by the subdivider, he shall so report to the Village Board, Building Inspector and Planning Board. The Municipal Legislature then shall notify the subdivider and, if necessary, the bonding company, and take all necessary steps to preserve the Village rights under the bond. The Village Board 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 Board shall take into consideration the prospective character of the development, whether dense residence, open residence, business or industrial. No plat shall be approved by the Planning Board as long as the subdivider is in default on a previously approved plat.

§ 103-9 Filing of approved plat.

A. Final approval and filing. Upon completion of the requirements in §§ 103-7 and 103-8 above and notation to the effect upon the subdivision plat and the approved public improvement and utility plan and profiles, it shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Planning Board (Chairman or Acting Chairman) upon receipt of notification that the required bond and insurance have had the approval of the Village Attorney and that the required inspection fee has been deposited. It may then be filed by the applicant in the office of the County Clerk. Planning Board approval of final plat shall not be deemed an acceptance by the municipality of any street or other land shown as offered for cession to public use.

B. Distribution. After the Planning Board Chairman signs his approval, the documents shall be distributed by the Planning Board in the following manner:

(1) Subdivider: all original final plat drawings and the two opaque cloth lithoprints, the letter to be filed by the subdivider in the Orange County Clerk's office.

(2) Building Inspector: one final plat and public improvement paper print.

(3) Tax Assessor: one final plat paper print.

(4) Village Clerk: one opaque polyester or cloth lithoprint from the Orange County Clerk's office showing official file date.

(5) Village Engineer or other delegated municipal officer: one paper print each of the final plat and the public improvement and utilities plan and profiles.

(6) Village Superintendent of Highways: one paper print each of the final plat and the public improvement plan.

(7) Planning Board: one tracing cloth lithoprint and one paper print of the final plat and the public improvement and utilities plan and profile.

C. Expiration of approval.

(1) The approval by the Planning Board of a plat showing lots, blocks, sites or units with or without streets or highways, or the approval by such Board of the development of a plat filed in the office of the Clerk of the county in which such plat or plats are situated prior to the appointment of such Planning Board and the grant to such Board of the power to approve plats, or the certificate of the Village as to the date of the submission of such plat or such proposed development and the failure of the Planning Board to take action thereon within 60 days, shall expire 90 days from the date of such approval or of such certificate unless within such ninety-day period such plat or a section thereof shall have been duly filed or recorded by the owner in the office of the County Clerk or register and either the proposed development of such plat has been completed or a bond therefor posted with the Village Board as provided in § 7-730 of the Village Law. Such endorsement shall stipulate that the plat does not conflict with the County Official Map, where one exists, or, in cases where plats do front on or have access to or are otherwise related to roads or drainage systems shown on the County Map, that such plat has been approved in the manner specified by § 239-k of the General Municipal Law.

(2) Upon application by the subdivider, the Planning Board may extend the time for filing and recording such plat, if in its opinion such extension is warranted by the particular circumstances thereof, for not to exceed two-additional periods of 90 days each; provided, however, that the plat shall be revised according to any change in regulations or ordinance applicable to the plat subsequent to the first resolution.

(3) Expiration of an approval shall mean that any further action will require a new filing fee as well as a review of all previous findings.

D. Filing in sections. Prior to granting its approval, the Village Planning Board may permit the plat to be subdivided into two or more sections and may impose such conditions upon the filing of the sections as it may deem necessary to assure the orderly development of the plat. Approval of the sections, subject to any conditions imposed by the Board, shall be granted concurrently with the approval of the plat. If the owner shall file only a section of any approved plat within such ninety-day period, such section shall encompass at least 10% of the total number of lots contained in the approved plat, and the approval of the remaining sections shall be filed before the expiration of the exemption period to which such plat is entitled under the provisions of § 7-730 of the Village Law. In the event that the owner shall file only a section of such approved plat in the office of the County Clerk or register, the entire approved plat shall be filed within 30 days of the filing of such section with the Village Clerk. The owner shall not be permitted to begin construction of buildings in any other section until such section has been filed in the office of the County Clerk or register and the required improvements have been installed in such section or a bond covering the cost of such improvements has been posted.

E. Plat void if revised after approval. No change, erasures, modifications or revisions shall be made in any subdivision plat after approval has been given by the Planning Board and endorsed in ink 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 Planning Board shall institute proceedings to have the plat stricken from the records of the County Clerk.

§ 103-10 Public streets; recreation areas.

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, utility, easement, park or other open space shown on such subdivision plat. Every street shown on a plat that is filed or recorded in the office of the County Clerk or register as provided in these regulations shall be deemed to be a private street until such time as it has been formally offered for cession to the public and formally accepted as a public street by resolution of the Village or, alternatively, until it has been condemned by the Village for use as a public street. After such plat is approved and filed, subject, however, to review by the court as hereinafter provided, the streets, highways and parks shown on such plat shall be and become a part of the Official Map or Plan of the Village. The owner of the land or his agent who filed the plat may add as part of the plat a notation, if he so desires, to the effect that no offer of dedication of such street, highways or park or any of them is made to the public. Formal offers of cession to the public of all streets, highways or parks not marked with such notation on the plat shall be filed with the Planning Board prior to the approval of the plat by the Planning Board. In the event that the owner or his agent shall elect not to file his plat prior to the expiration date of the validity of such approval provided for in Article III, § 103-9C, of these regulations, then such formal offers of cession shall be deemed to be invalid, void and of no effect on and after such expiration date.

(1) No public Village street utility or improvement shall be constructed by the Village in any street or highway until it has become a public street or highway and is duly placed on the Official Map or Plan; except that the Village Board may authorize the construction of a public Village street utility or improvement in or under a street which has not been dedicated but which has been used by the public as a street for five years or more prior to March 2, 1938, and is shown as a street on a plat of a subdivision of land which has been filed prior to March 2, 1938, in the office of the County Clerk or register of the county in which such Village is located.

(2) No permit for the erection of any building shall be issued unless a street or highway giving access to such proposed structure has been duly placed on the Official Map or Plan, or if there is no Official Map or Plan, unless such street or highway is an existing state, county, town or Village highway or is a street shown upon a plat approved by the Planning Board as provided under the provisions of this Article, as in effect at the time such plat was approved, or is a street on a plat duly filed and recorded in the office of the County Clerk or register prior to the appointment of such Planning Board and the grant to such Board of the power to approve plats. Before such permit shall be issued, such street or highway shall have been suitably improved to the satisfaction of the Village Board in accordance with standards and specifications approved by the appropriate Village officers as adequate in respect to the public health, safety and general welfare for the special circumstances of the particular street or highway, or alternatively and in the discretion of such Board, a performance bond sufficient to cover the full cost of such improvement as estimated by such Board or other appropriate Village department designated by such Board shall be furnished to the Village by the owner. Such performance bond shall be issued by a bonding or surety company approved by the Village Board or by the owner, with security acceptable to the Village legislature, and shall also be approved by the Village Attorney as to form, sufficiency and manner of execution. The term, manner of modification and method of enforcement of such bond shall be determined by the appropriate Board in substantial conformity with Article III, § 103-8B, of these regulations.

(3) For the purpose of preserving the integrity of such Official Map or Plan, no permit shall hereafter be issued for any building in the bed of any street or highway or parkland shown or laid out on such map or plan; provided, however, that if the land within such mapped street or highway or parkland is not yielding a fair return on its value to the owner, an appeal may be made before the Board of Appeals as detailed in Subsection A(4) below.

(4) Where the enforcement of the provisions of this section would entail practical difficulty or unnecessary hardship, or where the circumstances of the case do not require the structure to be related to existing or proposed streets or highways, the applicant for such a permit may appeal from the decision of the Building Inspector to the Board of Appeals, and the same provisions are hereby applied to such appeals and to such Board as are provided in cases of appeals on zoning regulations. The Zoning Board of Appeals may, in passing on such an appeal, make any reasonable exception and issue the permit subject to conditions that will protect any future street or highway layout, or grant a permit for a building in such street or highway which will as little as possible increase the cost of opening such street or highway or tend to cause a change of such Official Map or Plan, and such Board may impose reasonable requirements as a condition of granting such permit, which requirements shall inure to the benefit of the Village. Before taking any action authorized in this section, the Board of Appeals shall give a hearing at which parties in interest and others shall have an opportunity to be heard. Any such decision shall be subject to review in the same manner and pursuant to the same provisions as in appeals from the decisions of such Board upon zoning regulations.

B. Ownership and maintenance of recreation areas. When a park, playground, natural or historic feature or other recreation or open space 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 Village Board covering future deed and title, dedication and provision for the cost of grading, development, equipment and maintenance of any such recreation area.

§ 103-11 Application of clustering provisions. [1]

Pursuant to resolution of the Village Board, the Planning Board is empowered to modify applicable provisions of the Zoning Ordinance in accordance with the provisions of § 7-738 of the Village Law and such other reasonable conditions as the Municipal Legislature may in its discretion add thereto. (Such authorization shall specify the lands to which this procedure may be applicable.) The purposes of such authorization shall be to enable and encourage 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 economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands. The procedure and standards hereinabove referred to are as follows:

A. Request of subdivider. A subdivider may request the use of § 7-738 simultaneously with or subsequent to presentation of the sketch plan as per procedure described in Article III, and it may be followed, at the discretion of the Planning Board, if in said Board's judgment its application would benefit the Village. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plan review.

(1) This procedure shall be applicable only to lands zoned for residential purposes, and its application shall result in a permitted number of dwelling units which shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of the Zoning Law applicable to the district or districts in which such land is situated and conforming to all other applicable requirements.

(2) The dwelling units permitted may be, at the discretion of the Planning Board and subject to the conditions set forth by the Village Board, in detached, semidetached, attached or multistory structures.

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 these subdivision regulations, including but not limited to streets being consistent with the street specifications and lots being consistent with the Zoning Law.

C. Park, recreation, open space or other municipal purposes. In the event that the application of this procedure results in a plat showing lands available for park, recreation, open space or other Village purposes directly related to the plat, then the Planning Board as a condition of plat approval may establish such conditions on the ownership, use and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes. The Village Board may require that such conditions shall be approved by the Village Board before the plat may be approved for filing.

D. Plat submission. Upon a determination that such sketch plan is suitable for the procedures under § 7-738 and subsequent to the resolution authorizing the Planning Board to proceed, a preliminary plat meeting all the requirements of the resolution (the proposed site plan, including areas within which structures may be located, the height and spacing of buildings, open spaces and their landscaping, off-street open and enclosed parking spaces and streets, driveways and all other physical features as shown on said plan or otherwise described, accompanied by a statement setting forth the nature of such modifications, changes or supplementations of existing zoning provisions as are not shown on said site plan) shall be presented to the Planning Board and thereafter the Planning Board shall proceed with the required public hearings and all other requirements of the regulations.

E. Filing, notation on Zoning Map. Upon the filing in the office of the County Clerk of a plat in which § 7-738 has been used, the subdivider shall file a copy with the Village Clerk, who shall make appropriate notations and reference thereto in the Village Zoning Ordinance Map. The Secretary of the Planning Board will notify the Building Inspector when such a plat is filed.

[1] Editor's Note: Sample wording for the form of a notice of public hearing on clustering, formerly included with this section, is on file in the office of the Village Clerk, where it is available for examination by the public.

§ 103-12 Fees. [1]

A. Sketch plan submission. For a sketch plan submission, an application fee of $5 for a minor subdivision or $25 for a major subdivision shall be paid at the time required maps are submitted prior to the meeting with the Planning Board.

B. Preliminary plat submission for major subdivision. For major subdivisions, a preliminary plat subdivision fee shall be paid at the time of filing of the preliminary layout. The filing fee shall be $100 for the first four lots or units plus $15 for each additional lot or unit covered by the proposed subdivision.

C. Final plat submission for minor subdivision. For minor subdivisions, a final plat submission fee of $25 per lot or unit shall be paid at the time the required maps are submitted prior to the meeting with the Planning Board.

D. Final plat submission for major subdivision. For major subdivisions, a final plat submission fee shall be paid at the time of filing of the final layout. The fee shall be a minimum of $5 per lot or unit for each subdivision plat.

E. Additional sections. If a final plat is submitted for only a portion of the subdivision shown on the approved preliminary plat, an additional filing fee of $100 shall be paid for each final section submitted after the first final section is approved and an additional fee of $5 shall be paid for each lot or unit not shown on the preliminary plat.

F. Inspection fee. The Village Board shall provide for the inspection of required improvements during and after construction to ensure their satisfactory completion and shall require the subdivider to pay an inspection fee to the Village of 6% of the amount of the estimated cost of required improvements, and the subdivision plat shall not be signed by the Chairman of the Planning Board unless such fee has been paid to the Village of Florida prior to the time of final approval.

[Amended 3-8-2005 by L.L. No. 2-2005]

G. Payee. All of the above fees shall be payable by certified check to the Village, stating the specific purpose of each fee.

[1] Editor's Note: Local Law No. 7-1986, adopted 9-9-1986, provided that: "In reviewing any application(s), the Planning Board may secure the advice or assistance of one or more expert consultants. A copy of any report provided by such consultant(s) shall be furnished to the Planning Board, Building Inspector and applicant. The cost(s) of securing the advice or assistance of such expert consultant(s) shall be paid by the applicant, and the Planning Board may require the applicant to deposit funds in a reasonable amount to insure payment of any consultant(s), and any surplus shall be returned after the consultant's bill is received and is paid in full."