§ 175-5. Written
application for approval required.
Whenever any
subdivision of land is proposed to be made, 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.
§ 175-6. 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 10 days prior to
the regular meeting of the Board, two copies of a sketch plan of the proposed
subdivision, which shall comply with the requirements of Article V,
§ 175-21, for the purpose of classification and preliminary
discussion.
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, sewerage, water supply, fire protection, and similar
aspects, as well as the availability of existing services and other pertinent
information.
(2) A
determination is to be made at this time by the Planning Board as to whether
the proposed subdivision 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 some or all 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, §§ 175-7 and
175-11, of these regulations. If it is classified as a major subdivision, the
subdivider shall then comply with the procedures outlined in Article III,
§§ 175-8, 175-9, 175-10 and 175-11.
C. Study
of sketch plan. The Planning Board shall 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.
§ 175-7. Approval of
minor subdivision.
A. Application
and fee.
(1) 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 minor subdivision plat. 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,
§ 175-22. Failure to comply with any of the above will require resubmission
of the sketch plan to the Planning Board for reconsideration.
(2) All
applications for plat approval for minor subdivisions shall be accompanied by a
fee as set from time to time by resolution of the Board of Trustees.
B. Number
of copies. Three copies of the minor subdivision plat shall be presented to the
Secretary of the Planning Board at least 10 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
minor subdivision plat.
D. The
Planning Board shall conduct a public hearing and take formal action to
approve, with or without modification, or disapprove the minor subdivision plat
in accordance with the requirements of § 7-728, Subdivision 6, of the
Village Law.
§ 175-8. Preliminary
plat for major subdivision.
A. Application.
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 described in Article
V, § 175-23, hereof. The preliminary plat shall comply with the
requirements set forth in the provisions of Article V, § 175-23, of these
regulations, except where a waiver may be specifically authorized by the
Planning Board.
B. Number
of copies. Three copies of the preliminary plat shall be presented to the
Secretary of the Planning Board at least 10 days prior to a regular 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
preliminary plat.
D. Study
of preliminary plat. The Planning Board shall study 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 the Comprehensive Plan, Official Map, and Chapter 200,
Zoning.
E. When
officially submitted. The Planning Board shall conduct a public hearing and
take formal action to approve, with or without modification, or disapprove the
preliminary layout submission in accordance with the requirements of
§ 7-728, Subdivision 5, of the Village Law.
F. Conditional
approval of the preliminary plat. When granting conditional approval of a
preliminary plat, the Planning Board shall state the conditions of such
approval, if any, with respect to: the specific changes 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 amount of improvement or the amount of all bonds therefore 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. 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, if any. 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.
§ 175-9. Plat for major
subdivision.
A. Application
for approval and fee. The subdivider shall, within six months after the
conditional 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 as set from time to time by resolution of the Board of Trustees. If
the final plat is not submitted within six months after the conditional
approval of the preliminary plat, the Planning Board may require resubmission
of the preliminary and final plats.
B. 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 Board with a
copy of the application and three copies (one copy in ink on linen) of the
plat, the original and one true copy of all offers of cession, covenants, and
agreements, and two prints of all construction drawings, at least 10 days in
advance of the regular monthly Planning Board meeting at which it is to be
officially submitted.
C. 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 10 days prior to which the completed application and exhibits for
approval of the subdivision plat have been filed with the Secretary of the
Planning Board. In addition, if the applicant elects to construct any or all
required improvements [as specified in Article III, § 175-10A(2)], the
applicant shall agree to having the Village place an inspector on the improvements,
and the total expense of such inspector shall be borne by the applicant. The
Village Engineer shall file a certificate with the Village Board stating that
these improvements have been satisfactorily installed before the subdivision
plat shall be officially accepted.
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 Village
Engineer and the 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
State Department of Health shall be secured by the subdivider before official
submission of the subdivision plat.
E. Public
hearing and action on proposed subdivision plat. The Planning Board shall
conduct a public hearing and take formal action to approve, with or without
modification, or disapprove the final major subdivision layout submission in
accordance with the requirements of § 7-728, Subdivision 6, of the Village
Law. However, the subdivision plat shall not be signed by the authorized
officers of the Planning Board for recording until the subdivider has complied
with the provisions of § 175-10 of this article.
§ 175-10. Required
improvements.
A. Improvements
and performance bond. Before the Planning Board grants final approval of the
subdivision plat, the subdivider shall follow the procedure set forth in either
Subsection A(1) or (2) below:
(1) The
subdivider shall either file with the Village Clerk a certified check to cover
twice the full cost of the required improvements, or a performance bond to
cover twice the full cost of the required improvements. Any such bond shall
comply with the requirements of § 7-736 of the Village Law and shall be
satisfactory to the Village Board 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.
(2) The
subdivider shall complete all required improvements to the satisfaction of the
Village Board, which shall file with the Planning Board a letter signifying the
satisfactory completion of all improvements required by the 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 improvement not approved by the
Village Board. Any such bond shall be satisfactory to the Village Board as to
form, sufficiency, manner of execution and surety.
(3) The
required improvements shall not be considered to be completed until the
installation of the improvements has been approved by the Village Board 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(2), then said map shall be submitted prior to endorsement of the plat by the
appropriate Planning Board officer. However, if the subdivider elects to
provide a bond or certified check for all required improvements as specified in
Subsection A(1), 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
Board that unforeseen conditions make it necessary or preferable to modify the
location or design of such required improvements, the Village Board may
authorize modifications, provided that these modifications are within the
spirit and intent of the Planning Board's approval and do not extend to a
waiver or substantial alteration of the function of any improvements required
by the Board. The Village Board shall issue any authorization under this
section in writing and shall transmit a copy of such authorization to the
Planning Board at their next regular meeting.
C. Inspection
of improvements. At least five days prior to commencing construction of
required improvements, the subdivider shall notify the Village Board in writing
of the time when he proposes to commence construction of such improvements so
that the Village Board may arrange for inspections 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 finds, 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 Village Board
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.
§ 175-11. Filing of
approved subdivision plat.
A. Final
approval and filing. Upon completion of the requirements in § 175-7, or
§§ 175-9 and 175-10 above and notation to that effect upon the subdivision
plat, it shall be deemed to have final approval and shall be certified by the
appropriate officer of the Planning Board and filed in the office of the County
Clerk as provided in Village Law § 7-728, Subdivisions 7 through 11. Any
subdivision plat not so filed with the County Clerk within 62 days of approval
shall expire.
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 County Clerk.
§ 175-12. 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, 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 Village Board covering future deed and title,
dedication, and provision for the cost of grading, development, equipment, and
maintenance of any such recreation area.
