A.
By adoption of this chapter, the Village Board of
the Village of Rouses Point declares its intent in so doing is to
regulate and control the division of lands by the owner or owners
for the purpose of locating or constructing residential, industrial,
commercial buildings or units thereon, to the extent of regulating
width of streets, size of lots, location of sidewalks and curbs, if
any, and the installation of storm sewers and drains to be constructed
thereon and therein.
B.
Said Village Board hereby declares that such division
of lands can, if not properly controlled, constitute a serious hazard
to property and persons who shall occupy said subdivided lands and
those who occupy lands adjacent thereto or in the vicinity thereof.
Without the proper control and regulation thereof, property lines
become difficult or impossible to define, streets cannot with reasonable
certainty be located and defined, constructed and maintained and surface
and other waters may flood the subdivided area and adjacent areas
causing, among other things, damage to water supplies, sewage systems
and land, streets, roadways, driveways, etc. and the fire-fighting
and emergency equipment cannot gain prompt and easy access to the
area.
C.
In addition, consideration must be given to the effects
on school systems, harmonious development of the region, coordination
of proposed roads with existing roads, avoidance of excessive congestion,
and the avoidance of such scattered or premature subdivisions as would
involve a danger to health, safety or prosperity, by reason of lack
of water supply, drainage, transportation or other services or would
necessitate the expenditure of public funds.
As used in this chapter, the following terms
shall have the meanings indicated:
Any tract of land which is hereafter divided into two or
more parcels along an existing or proposed street, highway, easement
or right-of-way, for sale or for rent as residential, commercial or
industrial lots or plots regardless of whether the lot or plots to
be sold or offered for sale or leased for any period of time are described
by metes and bounds or by other methods of description. Any subdivision
of land is considered a subdivision and the portion of property retained
by the owner, if any, shall constitute one lot. For the purpose of
this chapter, "subdivision" shall be divided into two categories further
described as follows:
MINOR SUBDIVISIONSThose subdivisions consisting of two to four lots or parcels created by deed or contract or by rental or practical allocation to a new commercial, industrial or residential use.
MAJOR SUBDIVISIONSThose subdivisions where either at one time or during a period of time since June 2005, five or more lots or parcels are created by deed, contract, rental or by practical allocation to a new commercial, industrial or residential use.
A.
Major subdivisions.
(1)
No land shall hereafter be subdivided and no street
or public space shall hereafter be laid out within the Village until
the plan or plans of such subdivision shall have been submitted to
and approved by the Village of Rouses Point Planning Board. Such approval
must be in writing or stamped on such plan or plans.
(2)
Before the approval can be granted by the Planning
Board, the Planning Board shall hold a site plan review hearing, SEQR
hearing, if necessary, and a public hearing following the requirements
of § 7-728 of the Village Law.
B.
Minor subdivisions. The same procedure is to be used
as is required for major subdivisions.
Any person, corporation or partnership hereafter
subdividing any tract or parcel of land shall prepare a map or plat
thereof and, before recording or filing the same, shall submit five
sets of same to the Village of Rouses Point Planning Board for approval
or rejection. If approved, such approval shall be certified thereon,
signed by the Chairperson of the Village of Rouses Point Planning
Board, and no such map or plat shall be valid or be entitled to be
recorded in the Clinton County Clerk's Office until it shall have
been approved as aforesaid. No lot, tract or parcel of land within
any subdivision shall be offered for sale nor shall any sales contract
for sale or options be made or given until such subdivision has been
formally approved.
See Chapter 57 from the Code of Rouses Point.
In general, the minimum requirement for the
subdivision of land and the laying out of streets and other public
space for major subdivisions shall be as follows:
A.
There shall be five sets of plans for major subdivision
approval drawn to scale by a licensed land surveyor. Said plans shall
be drawn to a scale of not more than 100 feet to the inch.
(1)
Final plans shall show the proposed street lines,
sidewalk line, if any, and all property or subdivision boundaries.
(2)
They shall show, in accordance with an accurate land
survey, the controlling points and lines around and within the subdivision
itself and also, by distance, bearing and angles, the relation of
such controlling points and lines to the other controlling points
and lines around and within the subdivision itself and also, by distance,
bearing and angles, the relation of such controlling points and lines
to the other controlling survey points within or near the Village;
all survey monuments placed at the corner of the subdivided area,
at least one at each street intersection. Such monument shall be placed
when the surveys are made and shall consist of one-inch pipes driven
at least two feet into the ground and preferably embedded in concrete.
B.
Five sets of survey maps for major subdivisions shall
be submitted, with the same being prepared by a licensed surveyor,
and must show existing street lines, proposed rights-of-way and all
subdivision boundaries, location of proposed improvements, water supply
and sewage disposal system showing ability to comply with the Environmental
Conservation Law, State Sanitary Code and the Clinton County Board
of Health Regulations and show ability to properly drain surface waters,
so as not to cause a nuisance and so as not to interfere with water
supply and sewage disposal systems.
C.
Sufficient topography shall be shown to indicate the
natural drainage and the probable finished grades of natural drainage
and the probable finished grades of streets. Provision shall be made
for proper drainage of all surface and street waters, catch basins,
etc. and all such installments shall be shown on said plot.
D.
Proposed lot lines for subdivided areas shall be shown.
E.
All water and sewer systems of any proposed subdivision
lots must be shown.
F.
Improvements.
(1)
All improvements shall conform to the best engineering
standards. Due consideration shall be given throughout to the appearance
of the subdivision and the various features thereof within its boundaries
and also in its environment in the Village.
(2)
When improvements are to be performed, the subdivider
shall file a performance bond of 95% of the cost of the improvements
and a certified check for the remaining 5%.
G.
Reservation of open space.
(1)
The Planning Board may require suitable areas for
park, recreation or open space purposes to be reserved within the
plat but in no case require more than 10% of the gross area of any
subdivision.
(2)
If the Planning Board determines that a suitable park
or parks cannot be properly located on such plat or are otherwise
not practical, the Board may require, as a condition to approval of
any such plat, a payment to the Village, the amount not to exceed
10% of the appraised market value of the land to be subdivided. Such
money shall be used by the Village for park and recreational purposes,
including the acquisition of property for such purpose.
H.
The subdivider shall furnish the Village an effective
dedication of all streets and public spaces to be dedicated and of
all easements provided by the subdivision plan or plans.
I.
If the final plan is approved, the Planning Board
shall make an appropriate notation to that effect on the face of four
Mylar prints of said final plan. One copy will be retained by the
Planning Board, one copy will be retained by the Clinton County Health
Department, one copy to be recorded in the Clinton County Clerk's
Office and one copy to be delivered to the subdivision applicant.
In general, the minimum requirements for the
subdivision of land, the laying out of streets and other public space
for minor subdivisions shall be as follows:
A.
There shall be five sets of plans for minor subdivision
approval drawn to scale by a licensed land surveyor. Said plans shall
be drawn to scale of not more than 100 feet to the inch. Final plans
shall show the property or subdivision boundaries. They shall show,
in accordance with an accurate land survey, the controlling points
and lines around and within the subdivision itself and also, by distance,
bearing and angles, the relation of such controlling points and lines
to the other controlling survey points within or near the Village.
All survey monuments shall be indicated, and there shall be at least
one permanent monument placed at the corner of the subdivided area,
at least one at each street intersection. Such monuments shall be
placed when the surveys are made and shall consist of one-inch pipes
driven at least two feet into the ground, preferably embedded in concrete.
B.
Five sets of survey maps for minor subdivisions shall
be submitted, with the same being prepared by a licensed surveyor,
and must show existing street lines, proposed rights-of-way and all
subdivision boundaries, location of proposed improvements, water supply
and sewage disposal system and show ability to properly drain surface
waters, so as not to cause a nuisance.
C.
Proposed lot lines for subdivided areas shall be shown.
D.
Improvements.
(1)
All improvements shall conform to the best engineering
standards. Due consideration shall be given throughout to the appearance
of the subdivision and various features thereof within its boundaries
and also to the environment in the Village.
(2)
When improvements are to be performed, the subdivider
shall file a performance bond of 95% of the cost of the improvements
and a certified check for the remaining 5%.
E.
The subdivider shall furnish the Village with an effective
dedication of all streets and other public spaces to be dedicated
and of all easements provided by the subdivision plan or plans.
When any subdivision of land is proposed to
be made, and before any contract for the sale of or any offer to sell
such subdivision or any part thereof is made, and before a building
permit shall be granted, the procedure outlined will be observed.
A.
Preapplication procedure.
(1)
Prior to the filing of an application for approval of a preliminary plan, the subdivider shall submit to the Planning Board a sketch plan and data as specified in § 102-7. This step does not require formal fee or the filing of a map/plan with the Planning Board. Subdividers shall request an appearance before the Planning Board. The request must be made to the Chairman, Vice-chairman or Clerk of the Planning Board at least 72 hours (three days) before the scheduled Planning Board meeting.
(2)
Within 30 days, the Planning Board shall inform the
subdivider that the sketch plan and data submitted, or modified, does
or does not meet the objective of these regulations, and shall express
reasons therefor.
(3)
When the subdivider has been notified that the sketch
plan has met the necessary requirements, he should then consult with
the Clinton County Department of Health, if his proposed subdivision
has five or more lots.
(4)
The Planning Board may, at this time, schedule the
required public hearing on the proposed subdivision, which shall be
held at its next regularly scheduled meeting.
B.
Preliminary plan procedure.
(1)
On reaching conclusions informally as recommended in Subsection A above, regarding the general program and objectives, the subdivider shall cause to be prepared a preliminary plan, together with improvements, plans, and other supplementary materials as required in §§ 102-5, 102-6, 102-7 and 102-8. A request for appearance before the Planning Board for preliminary plan review shall be made to the Chairman, Vice-chairman, or Clerk of the Planning Board at least 14 days before the next scheduled Planning Board meeting.
(2)
The subdivider shall submit to the Planning Board
the following: five copies of the preliminary plan, copy of deed or
deeds to be subdivided, certification that, if not the owner, the
subdivider is an authorized agent of the owner, and supplementary
material, specified with one copy of the application for preliminary
approval and preliminary plan fees, at least 14 days prior to the
meeting at which the application shall be considered.
(3)
Following a review of the preliminary plan and other
materials submitted for conformity thereof to these regulations, and
negotiations with the subdivider or changes deemed advisable and the
kind and extent of improvements to be made by him, the Planning Board
shall, within 45 days, act by resolution thereon as submitted or modified,
and if approved, the Planning Board shall express its approval as
preliminary approval and state the conditions of such approval, if
any, or, if disapproved, shall express its disapproval and its reasons
therefor in the minutes of the meeting.
(4)
The actions of the Planning Board shall be noted on
three copies of the preliminary plan, referenced and attached to any
conditions determined. One copy shall be returned to the subdivider,
one copy shall be filed in the Clinton County Clerk's Office and the
other shall be retained by the Planning Board.
(5)
For any subdivision or portion of subdivision, the
Planning Board will state in writing the character and extent of the
required public improvements for which waivers may have been requested
by the subdivider and which, in the opinion of the Planning Board,
may be waived without jeopardy to public health, safety, morals and
general welfare or which are inappropriate because of inadequacy or
lack of connecting facilities adjacent to or in proximity to the proposed
subdivision.
(6)
Approval of the preliminary plan shall not constitute
approval of the final plan. Rather, it shall be deemed an expression
of approval to the layout submitted on the preliminary plan, as a
guide to the preparation of the final plan which will be submitted
for approval of the Planning Board and for recording upon fulfillment
of the requirements of these regulations and conditions of approval,
if any.
(7)
Approval of the preliminary plan may not be revoked
by the Planning Board unless a substantial change in the character
of the area or the availability of new information about the site
and its surroundings indicate the unsuitability of the development
as shown on the preliminary plan. Before such revocation, the subdivider
shall be informed, in writing, of the reasons therefor and shall be
given opportunity to be heard before the Planning Board.
(8)
Approval of a preliminary plan shall expire after
180 days from the date of approval. Extensions for two periods of
90 days may be granted by the Planning Board upon application for
same. Such applications for extensions shall be granted unless changed
conditions or new information indicate the unsuitability of the development
as shown on the preliminary plan.
(9)
Within 45 days of the submission of the preliminary
plan and any requested materials, the Planning Board shall hold a
public hearing as required by § 7-728 of the Village Law.
C.
Final plan procedure.
(1)
Request for appearance before the Planning Board for
final plan review and approval shall be made to the Chairman, Vice-chairman
or Clerk of the Planning Board meeting.
(2)
The final plan shall conform substantially to the
preliminary plan, as approved, and, if desired by the subdivider,
it may constitute only that portion of the approved preliminary plan
which he/she proposes to record, file and develop at that time; provided,
however, the subdivider shall submit to the Planning Board, at least
seven days prior to the next scheduled Planning Board meeting and
not more than 180 days after approval of the preliminary plan, by
the Planning Board, unless an extension of time is applied for and
granted by the Planning Board, all the following items:
(a)
An application for final approval, together
with all final plan fees.
(b)
Four Mylar copies of the final plan and all required supplementary materials as specified in § 102-7.
(c)
A certificate as to the adequacy of the proposed
water supply and sewage system by the Village Water and Sewer Superintendent
and the Clinton County Department.
(d)
A certificate as to the adequacy of proposed
improvements, roads, drainage and turnarounds by the Superintendent
of Public Works, Village of Rouses Point.
(e)
A certificate by a licensed professional engineer
that any required improvements proposed by the subdivider have been
designed and meet the minimum standards in these regulations, or as
otherwise required by law.
(f)
Drawings certified by a licensed land surveyor
or engineer showing location of required improvements which have been
constructed prior to final plan submission.
(g)
A performance bond, cash, certified check, or
a certificate of deposit in sufficient amount, as determined by the
Village Planning Board and conforming to the provisions of § 7-730
of Village Law, to assure completion of all required improvements
as shown on the final plan approved by the Planning Board as to form,
sufficiency, manner of execution and surety.
(h)
A resolution of the Village Board that the proposed
Village roads, streets, highways, parks, easements or other public
facilities are acceptable and will be approved by the Village Board
by resolution when the Planning Board gives final approval.
(i)
Access permits from the New York State Department
of Transportation, Clinton County Highway Department and Town Highway
Department, where required for acceptance of drainage scheme and road
connection.
(j)
Written permission from the water and sewer
districts to allow additional hook-ups to the system if the subdivision
is within a water and sewer district.
(3)
Within 45 days from and after submission of the final
plan and other required materials, the Planning Board shall review
and act to approve or disapprove the plan.
(4)
In the event of disapproval, the grounds for such
action shall be stated in the records of the Planning Board and a
copy of such decision shall be sent to the subdivider.
(5)
If the final plan is approved, the Planning Board
shall make an appropriate notation to that effect on the face of three
prints. One copy will be retained by the Planning Board, one copy
will be recorded in the Clinton County Clerk's Office and one copy
will be delivered to the subdivider.
(6)
Approval of the final plan shall expire 60 days from
the date of such approval. If, within such sixty-day period, such
plat shall have been duly recorded and/or filed in the County Clerk's
Office, the approval shall expire as provided in § 7-728
of the Village Law.
(7)
The Planning Board may permit the final plan to be
divided into two or more sections or phases subject to such conditions
as it deems necessary to assure orderly development of the subdivision.
Approval of the sections/phases shall be recorded and/or filed within
60 days of approval, subject to any conditions imposed, and shall
encompass at least 10% of the total number of lots shown on the final
plan. Approval of any other section/phases not recorded shall expire
unless recorded and/or filed before the expiration of three years.
In the event the subdivider does not record and/or file all approved
sections, the entire final plan shall be filed with the Village Clerk
within 30 days of the recording of any section with the Clinton County
Clerk.
(8)
Within 30 days from the recording of the final plan
or any approved section thereof, the subdivider shall file with the
Planning Board a copy of the plat certified by the Clinton County
Clerk to be a true copy of the recorded and/or filed plat.
(9)
Drawings showing the location of all required improvements
"as built" shall be certified by a licensed land surveyor and filed
with the Planning Board at least 30 days prior to the acceptance of
the improvements by the Village Water and Sewer Department and Superintendent
of Highways of the Village of Rouses Point. Until said "as built"
plans are filed and accepted by the Village, no performance bond,
cash, certified check or certificate of deposit guaranteeing the completion
of such improvements shall be released. NOTE: Subject to the discretion
of the Superintendent of Highways of the Village of Rouses Point,
the subdivider may be required to furnish a one-year warranty bond
or cash deposit in an amount and form acceptable to the Village Board
for completion of road and drainage improvements.
(10)
Performance bonds may be changed only under provisions
of § 7-728 of the Village Law.
Any person, firm or corporation who violates
any provision of this chapter shall be guilty of an offense and subject
to a fine not exceeding $250 or to imprisonment for a period of not
less than 10 days, or both such fine and imprisonment; and, in addition,
the violation of this chapter or any of the provisions thereof shall
subject the person, firm or corporation violating the same to a civil
penalty in the sum of $250; and when a violation of this chapter or
any or the provisions thereof is continuous, each day (one day) thereof
shall constitute a separate and distinct violation. The application
of the above penalty or penalties or the prosecution for a violation
of the provisions of this chapter shall not prevent the revocation
of any permit issued pursuant thereto.
If the Planning Board should deem it necessary,
it reserves the right to hire and/or retain a licensed engineer to
review the plans of the applicant to ensure the same meet the standards
set by the Village of Rouses Point, County of Clinton, State of New
York.
The subdivider must show ability to comply with
the requirements of the United States Army Corps of Engineers rules
and regulations, NYS Department of Environmental Conservation rules
and regulations, NYS Sanitary Codes, NYS Historic Preservation rules
and regulations, Clinton County Board of Public Health rules and regulations,
NYS Department of Transportation rules and regulations and any and/or
all other applicable regulations.
If any clause, sentence, paragraph, section
or part of this chapter shall be adjudicated by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof but shall be confined in its operation
to the clause, sentence, paragraph, section or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
The subdivider must further comply with all
requirements of the Village of Rouses Point Zoning Law[1] and all other local laws of the Village of Rouses Point
in submitting its plans for said subdivision. Furthermore, in situations
where there is a conflict between the terms of this chapter and the
Village of Rouses Point Zoning Law, said Zoning Law will control.
