Montour Falls Village
City Zoning Code
City Zoning Code
ARTICLE VIIA
Subdivision Regulations
§ 160-60.1 Declaration of policy.
A.
It is declared to be the policy of the Village Board of Trustees to direct the Planning Board to consider land subdivision plats as part of a plan for the orderly, efficient and economical development of the Village. This means, among other things, that land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health, or peril from fire, flood or other menace; that proper provision shall be made for drainage, water supply, sewerage and other needed improvements; that all proposed lots shall be laid out and sized in accordance with applicable zoning; that the proposed roads shall compose a convenient system properly related to the Village's Comprehensive Plan and shall be of such width, grade, and location as to accommodate the prospective traffic, to facilitate fire protection, and to provide access of firefighting equipment to buildings; and that proper provision shall be made for open spaces, parks, and playgrounds.
B.
Failure to notify the Code Enforcement Officer of any conveyance by subdivision shall be a violation of this chapter and will be enforced by both civil action and financial penalties inclusive of injunctive relief to the effect of terminating prior conveyances.
§ 160-60.2 Applicability and legal effects.
A.
The requirements of this article shall apply to any division of a lot into two or more lots, whether new streets, public facilities, or municipal utility extensions are involved or not.
B.
Whenever any subdivision of land is proposed to be made and before any site modifications are made and before any permit for the erection of a structure in such proposed subdivision is granted, the subdivider or a duly authorized agent must apply for in writing and receive approval of the proposed subdivision in accordance with the requirements of this article.
C.
Before any plat or licensed survey map of land in the Village to which the requirements of this article apply is filed with the County Clerk, the plat or licensed survey map must be approved by the Code Enforcement Officer or the Planning Board, as applicable, in accordance with the procedures of this article. No changes, erasures, modifications, or revisions shall be made in any plat or licensed survey map after approval has been given by the Code Enforcement Officer or Planning Board, as applicable, and endorsed in writing on the plat or licensed survey map, unless the plat or licensed survey map is first resubmitted to the Code Enforcement Officer or Planning Board and any modifications approved. In the event that any such plat or licensed survey map is recorded without complying with this requirement, it shall be considered null and void, and the Code Enforcement Officer may institute proceedings to have the plat or licensed survey map stricken from the records of the County Clerk.
§ 160-60.3 Types of subdivision.
This article recognizes three types of subdivisions, which are subject to three different review and approval procedures:
A.
Simple subdivision: requires the review of the Code Enforcement Officer only, provided that a simple subdivision that has frontage on State Route 14 or State Route 224 shall require the review required for a minor subdivision.
B.
Minor subdivision: review includes two required submissions by subdivider and may include a public hearing if considered desirable by the Planning Board.
C.
Major subdivision: review includes three required submissions by subdivider and at least one public hearing by the Planning Board.
§ 160-60.4 Definitions.
The following terms shall have the following definitions for purposes of this article:
CLUSTER DEVELOPMENT
A form of development that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision or increase in the overall density of development, and the remaining land area is devoted to open space, active recreation, preservation of environmentally sensitive areas or agriculture.
DATE OF SUBMISSION
The date of submission of required materials shall be considered to be the date on which the materials for approval complete as determined by the Planning Board Chair or the Planning Board Chair's designee, and accompanied by the required fee, are accepted by the Planning Board Chair, or the designee.
FINAL PLAT or FINAL SUBDIVISION PLAT
A licensed survey map in final form showing a proposed subdivision, containing all information and details required by state and local law, for submission to the Planning Board for purposes of review, public hearing and approval.
MAJOR SUBDIVISION
A.
A subdivision of land resulting in four or more lots or the creation of a fourth lot from the same original lot; or
B.
Any subdivision that involves a new public right-of-way, municipal utility extension or other new public facility; or
C.
Any cluster subdivision or other subdivision which deviates from the zoning regulations or other development policy of the Village.
MINOR SUBDIVISION
A subdivision of land resulting in three lots or the creation of a third lot from the same original lot, that does not involve:
A.
A new public right-of-way, municipal utility extension or other new public facility; or
B.
A cluster subdivision or other subdivision which deviates from the zoning regulations or other development policy of the Village.
PRELIMINARY PLAT
A licensed survey map in preliminary form showing a proposed subdivision, containing all information and details required by state and local law, for submission to the Planning Board for purposes of review and public hearing.
REQUIRED IMPROVEMENTS
Any roads, bridges, sidewalks, utility, storm water, water, sewer, or other types of infrastructure facilities shown on the approved final plat.
SIMPLE SUBDIVISION
A.
The division of a lot into two lots; or
B.
Realignment of boundary lines between lots so as to transfer land from one lot to an adjacent lot; or
C.
Separation of noncontiguous lots (e.g., lots bisected by public or quasi-public rights-of-way) into separate lots of record without new boundary alignment.
SKETCH PLAT
A sketch of a proposed subdivision showing the form, layout, roads, public facilities and other information specified in this article.
§ 160-60.5 Use of consultants.
At any point in the subdivision review process the Planning Board may choose to, and at the direction of the Village Board of Trustees shall, retain consultants and/or refer a proposed subdivision to the county or regional planning staffs for review, comment, and advice on any aspect of the approval process, subdivision design, engineering specifications, or other pertinent matters. The cost shall be borne by the applicant. The Planning Board may, as a condition to further review of a proposed subdivision, require that an applicant deposit with the Village Treasurer an amount necessary to pay all or part of such cost, as the Planning Board shall determine.
§ 160-60.6 Subdivision procedures.
A.
Classification of subdivision. The first stage of subdivision is classification. Classification requires that a subdivider submit a sketch plat of the proposed subdivision to the Code Enforcement Officer that provides sufficient detail for the Code Enforcement Officer to classify the action as to the type of review required. The Code Enforcement Officer shall confer with the Chair of the Planning Board for comments and general recommendations as to any adjustment needed to satisfy the objectives of these regulations. The sketch plat initially submitted to the Code Enforcement Officer shall be based on tax map information or on some other similarly accurate base map at a scale (preferably not less than 1:2,400) that enables the entire tract to be shown on one sheet. A submitted sketch plat shall show the following information:
(1)
The location of that portion which is to be subdivided in relation to the entire tract, and the distance to the nearest existing street intersection.
(2)
All existing structures, wooded areas, streams, wetlands, flood hazard areas and other significant physical features within the portion to be subdivided and within 200 feet thereof. If topographic conditions are significant, contours shall also be indicated at intervals of not more than 10 feet.
(3)
The names of the owner and of all adjoining property owners as disclosed by the current tax roll.
(4)
The tax map, block and lot numbers of all lots shown on the plat.
(5)
All the utilities available and all streets as they appear on the Official Map.
(6)
The proposed pattern of lots (with dimensions), street layout, recreation areas, systems of drainage, sewerage and water supply within the subdivided area.
(7)
All existing restrictions on the use of land, including easements, covenants and zoning district boundary lines.
(8)
Such additional information as may be required in the case of minor and major subdivisions as specified in this article.
B.
Simple subdivision review procedure. Upon determination by the Code Enforcement Officer that a proposed subdivision is to be treated as a simple subdivision, the Code Enforcement Officer shall either approve or disapprove of the proposed subdivision. In the event of a disapproval the Code Enforcement Officer shall provide the applicant with a written explanation for the disapproval. In any event, final approval cannot be granted until an official survey map prepared by a surveyor licensed by New York State has been presented to the Code Enforcement Officer and such map is sufficient to allow the Code Enforcement Officer to determine that all of the requirements of the chapter have been satisfied. Final approval of the simple subdivision by the Code Enforcement Officer shall be indicated by the Officer's signature and date on the final survey map.
C.
Initiation of minor or major subdivision review.
(1)
When the Code Enforcement Officer determines that a subdivision requires Planning Board review, the Code Enforcement Officer shall notify the Chair of the Planning Board of the pending action. To initiate a Planning Board review and approval process of any minor or major subdivision or re-subdivision, the owner/subdivider of the land involved must submit to the Code Enforcement Officer, at least 10 days' prior to the regular meeting of the Planning Board, a written request to approve the proposed subdivision, including any information the owner considers pertinent, and nine copies of the sketch plat.
(2)
The owner/subdivider, or an authorized representative, shall attend the meeting of the Planning Board at which the sketch plat is presented to discuss the requirements of these regulations for road improvements, drainage, sewerage, water supply, fire protection, any applicable stormwater management and similar aspects, as well as the availability of existing services and other pertinent information.
(3)
The Planning Board shall determine whether the sketch plat meets the requirements of this article. If the sketch plat is insufficient, the Planning Board may reject the sketch plat with reasons given in writing. If the sketch plat is sufficient, the Planning Board shall approve the sketch plat in writing. In such written approval the Planning Board may also make specific recommendations to be incorporated by the applicant in any subsequent submission to the Planning Board.
(4)
The Planning Board's approval of a sketch plat shall be a prerequisite to application for minor or major subdivision approval. Approval of a sketch plat by the Planning Board in and of itself shall confer no rights on the owner/subdivider/applicant.
D.
Minor subdivision review procedure.
(1)
Within six months following the date of the Planning Board's approval of the sketch plat the subdivider shall submit an application for approval of a subdivision plat. Failure to do so shall require resubmission of the sketch plat to the Code Enforcement Officer for reclassification. The subdivision plat shall conform to the layout shown on the sketch plat as well as incorporate any recommendations made by the Planning Board, and shall conform to other specific requirements of this article.
(2)
The application for approval of a minor subdivision plat shall consist of nine copies of the preliminary plat, a completed application form, which form shall be produced by the Planning Board, an application fee in an amount set by the Village Board of Trustees from time to time, and, if applicable, a deposit as described in § 160-60.5 above.
(3)
Each application for minor subdivision plat approval shall contain, at a minimum, the following information:
(a)
A copy of such covenants or deed restrictions that are intended to cover all or part of the tract.
(b)
An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified by a licensed land surveyor. The corner of each tract shall also be located on the ground and marked with an approved pin, pipe, or monument and shall be referred to and shown on the plat.
(c)
All on-site sanitation and water supply facilities (if any) shall be designed to meet the specifications of the Schuyler County Health Department; approval shall be stated on the plat and signed by an officer of the Health Department.
(d)
The proposed subdivision name (if any), and the names of the town(s) in which it is located.
(e)
The date, a true-north arrow, the map scale, and the names, addresses and phone numbers of all owners of record and the subdivider.
(4)
Upon receipt of a complete application for minor subdivision plat approval, the Planning Board shall schedule a meeting to review such application. The owner/subdivider, or a duly authorized representative, shall attend such meeting. If required by the Planning Board, a public hearing shall be held within 45 days of the date of submission of the application. The hearing shall be advertised in the official newspaper of the Village at least five days before such hearing. If a public hearing is required, the Planning Board shall make the decision required by Subsection D(5) below within 45 days following the close of the hearing. If no public hearing is required, the Planning Board shall make the decision required by Subsection D(5) below within 45 days from the date of submission of the application. The fourty-five-day time limitation may be extended by the mutual consent of the Planning Board and the applicant.
(5)
Following review of the application and, if required, the public hearing, the Planning Board shall either approve or disapprove the application. An approval shall authorize the chairman of the Planning Board to sign the final plat as evidence of such approval.
E.
Major subdivision review procedure: approval of the preliminary plat.
(1)
Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the approval of a preliminary plat of the proposed subdivision. Such application shall be submitted within six-months following the Planning Board's approval of the sketch plat.
(2)
The application for approval of a preliminary plat shall consist of nine copies of the preliminary plat, a completed application form, which form shall be produced by the Planning Board, an application fee in an amount set by the Village Board of Trustees from time to time, and, if applicable, a deposit as described in § 160-60.5 above.
(3)
The application for approval of a preliminary plat shall include, at a minimum, the following information:
(a)
The proposed subdivision name, the names of the town(s) in which it is located, the date, a true-north arrow, the map scale, and the names, addresses and phone numbers of all owners of record, the subdivider, and the engineer or surveyor, including license number and seal.
(b)
The names of the owners of record of all adjacent property.
(c)
The zoning district, including exact boundary of districts, where applicable, and any proposed changes in the zoning district lines or the zoning regulations' text applicable to the area to be subdivided.
(d)
All parcels of land proposed to be dedicated to public use and the condition of such dedication.
(e)
The locations of existing property lines, easements, buildings, watercourses, marshes, rock outcrops and wooded areas.
(f)
The locations of existing sewers, water mains, culverts, and drains on the property, with pipe sizes, grades and direction of flow.
(g)
Contours with intervals of 10 feet or less as required by the Planning Board, including elevations on existing roads, and an approximate grading plan if natural contours are to be changed more than two feet.
(h)
The width and location of any streets or public ways or places shown on the Official Map of the Ulysses Comprehensive Plan within the area to be subdivided, and the width, location, grades and street profiles of all streets or public ways proposed by the developer.
(i)
The approximate location and size of all proposed water lines, valves, hydrants, sewer lines, and fire alarm boxes.
(j)
Connection to existing lines or alternate means of water supply or sewage disposal and treatment as provided in standards published by the Schuyler County Health Department.
(k)
Profiles of all proposed water and sewer lines.
(l)
All requirements as specified in local laws of the Village of Montour Falls governing stormwater runoff; a stormwater management plan indicating the approximate location, construction and size of swales; and proposed lines and their profiles.
(m)
Plans and cross-sections showing the proposed new location and types of sidewalks, streetlighting standards, street trees, curbs, water mains, sanitary sewers and storm drains, and the size and type thereof; the character, width and depth of pavements and subbase; the location of manholes, basins, and underground conduits.
(n)
Preliminary designs of any bridges or culverts which may be required.
(o)
The proposed lot lines with the approximate dimensions and area of each lot.
(p)
Where the topography is such as to make difficult the inclusion of any of the required facilities within the public areas as laid out, the preliminary plat shall show the boundaries of proposed permanent easements over or under private property, which permanent easements shall not be less than 20 feet in width, and which shall provide satisfactory access to an existing public highway or other public open space shown on the preliminary plat.
(q)
An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified to by a licensed land surveyor. The corners of the tract shall also be located on the ground and marked with a pin, pipe or monument, and shall be referred to and shown on the plat.
(r)
If the application covers only a part of the subdivider's holding, a map of the entire tract shall be submitted so that the part of the subdivider's holding covered in the application can be considered in the light of the entire holding. This map shall be drawn at a scale of not less than 1:4,800 and shall show an outline of the platted area with its proposed streets, and an indication of any probable future street system with its grades and drainage in the remaining portion of the tract, and any probable future drainage layout of the entire tract.
(s)
A copy of any covenants or deed restrictions that are intended to cover all or part of the tract.
(t)
The preliminary plat shall be clearly marked with the words "preliminary plat" and shall be in the form described in this article.
(4)
Upon receipt of a complete application for approval of a preliminary site plan, the Planning Board shall schedule a meeting to review such application. The owner/subdivider, or a duly authorized representative, shall attend such meeting. At such meeting the Planning Board shall study the practicability of a 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 not yet subdivided, and the requirements of the Village Comprehensive Plan and Zoning Regulations.
(5)
Within 45 days of the date of submission of an application for approval of a preliminary plat, the Planning Board shall hold a public hearing on such application. The public hearing shall be advertised at least once in the official newspaper of the Village at least five days before such hearing. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat.
(6)
Within 45 days of the date of the public hearing, the Planning Board shall approve with or without modification or disapprove the preliminary plat, and the grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. The time in which the Planning Board must take action on such plat may be extended by written mutual consent of the subdivider and the Planning Board.
(7)
When granting approval to a preliminary plat, the Planning Board shall state the terms of such approval, if any, with respect to a) modifications to the preliminary plat; b) 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 and welfare; and c) the required improvement or the amount of all bonds therefore which it will require as prerequisite to the approval of the final subdivision plat. Approval of a preliminary plat shall not constitute approval of the final subdivision plat, but rather it shall be deemed an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the final subdivision plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations. When approving a preliminary plat, the Planning Board shall state in writing the modifications, if any, it deems necessary for submission of the plat in final form. Within five days of the approval of such preliminary plat, it shall be certified by the Planning Board Chair as having been granted preliminary approval, and a copy shall be filed with the Village Clerk, a certified copy shall be mailed to the owner, and a copy shall be forwarded to the Village Board of Trustees. Prior to approval of the final 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.
F.
Major subdivision review procedure: approval of the final plat.
(1)
A subdivider shall, within six months after the approval of a preliminary plat, file with the Planning Board an application for approval of a final subdivision plat in final form, using the approved application blank available from the Planning Board. If the final subdivision plat is not submitted for approval within six months after the approval of the preliminary plat, the Planning Board may refuse to approve the final subdivision plat and require resubmission of the preliminary plat. A subdivider making application for approval of the final plat shall supply the Planning Board with the application and copies as required of the plat, including one in ink on drafting film or an acceptable, equal medium that permits reproductions of the original; the original and one copy of all offers of cession, covenants and agreements; and two prints of all construction drawings.
(2)
The application for approval of a final plat shall include, at a minimum, the following:
(a)
Proposed subdivision name or identifying title and the names of the municipality(s) in which the subdivision is located; the names and addresses of the owners of record and of the subdivider; and the name, license number and seal of the New York State licensed land surveyor.
(b)
Road lines, pedestrianways, lots, reservations, easements and areas to be dedicated to public use.
(c)
Data acceptable to the Code Enforcement Officer as sufficient to determine readily the location, bearing and length of every street line, lot line and boundary line and as sufficient to reproduce such lines upon the ground.
(d)
The length and bearing of all straight lines, radii, length of curves, central angles of curves, and tangent bearings shall be given for each street. All dimensions and angles of the lines of each lot shall also be given. All dimensions shall be shown in feet and decimals of a foot. The plat shall show the boundaries of the property, location, graphic scale and true-north arrow.
(e)
The plat shall also show by proper designation thereon all public open spaces for which deeds are included and those spaces whose title is reserved by the developer. For any of the latter there shall be submitted with the final subdivision plat copies of agreements or other documents showing the manner in which such areas are to be maintained and the provisions made therefore.
(f)
All offers of cession and covenants governing the maintenance of unceded open space shall bear the certificate of approval of the Village Attorney as to their legal sufficiency.
(g)
Lots and blocks within a subdivision shall be numbered or lettered in alphabetical order in accordance with the prevailing Village practice.
(h)
Permanent reference monuments shall be shown and shall be constructed in accordance with specifications of a licensed engineer or surveyor. They shall be placed as required by the Village and their location noted and referred to upon the final plat.
(i)
All lot corner markers shall be permanently located in a way satisfactory to a licensed engineer or surveyor.
(j)
Pins, pipes or monuments shall be set at all corners and angle points of the boundaries of the original tract to be subdivided, and at all street intersections, angle points in street lines, points of curve, and such intermediate points as shall be required by a licensed engineer or surveyor.
(k)
Construction drawings, including plans, profiles and typical cross-sections as required, showing the proposed location, size and type of streets, sidewalks, street lighting standards, street trees, curbs, water mains, sanitary sewers and storm drains, pavements and subbase, manholes, catch basins and other facilities.
(l)
Water and sewer facility proposals contained in the final subdivision plat shall be properly endorsed and approved by the Schuyler County Department of Health and the Village Department of Public Works.
(m)
Within 45 days of the date of submission of an application for approval of a major subdivision final plat, a public hearing shall be held by the Planning Board. This hearing shall be advertised at least once in the official newspaper of the Village at least five days before the hearing. If, however, the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved by the Planning Board, and modified in accordance with conditions of such approval if such preliminary plat had been approved with conditions requiring modification, the Planning Board may waive the requirement for such a public hearing.
(n)
Within 45 days after the close of the public hearing or, if no public hearing is held, within 45 days after the date of submission of an application for approval of a major subdivision final plat, the Planning Board shall either approve or disapprove of the final subdivision plat. This time may be extended by written mutual consent of the subdivider and the Planning Board. An approval shall authorize the chairman of the Planning Board to sign the final plat as evidence of such approval following completion of the required improvements pursuant to § 160-60.6G below.
G.
Required improvements.
(1)
Before the Planning Board grants final approval of a major subdivision final plat, the subdivider shall, as determined by the Planning Board, either complete the required improvements pursuant to Subsection G(1)(a) below, or complete those required improvements that are required by the Planning Board to be completed prior to final approval, and post security for the remainder of the required improvements pursuant to subsection (b) below.
(a)
The subdivider shall complete all required improvements to the satisfaction of the Code Enforcement Officer, who shall file with the Planning Board a letter certifying to the satisfactory completion of all required improvements required by the Planning Board to be completed.
(b)
The subdivider shall either file with the Village Clerk a certified check to cover the full cost of the required improvements, or the subdivider shall file with the Village Clerk a performance bond to cover the full cost of the required improvements. The amount necessary to "cover the full cost of the required improvements" shall be determined by the Planning Board. Any such bond shall comply with the requirements of the New York State Village Law, and further shall be satisfactory to the Village Board of Trustees 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 or provided for by resolution of the Planning Board as the time within which required improvements must be completed.
(2)
The required improvements shall not be considered to be completed until the installation of the required improvements has been approved by a licensed engineer or surveyor and a map satisfactory to the Code Enforcement Officer 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 G(1)(a) above, then the map shall be submitted prior to endorsement of the plat by the Planning Board Chair. However, if the subdivider provides a bond or certified check for certain required improvements as provided in Subsection G(1)(b) above, such bond shall not be released until such a map is submitted.
(3)
If, at any time during the construction of required improvements, it is demonstrated to the satisfaction of the Code Enforcement Officer that unforeseen conditions make it necessary to modify the location or design of the required improvements, the Code Enforcement Officer may, upon approval by the Chair of the Planning Board or designee, 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 required improvements. The Code Enforcement Officer shall issue any authorization under this section in writing and shall transmit a copy of such authorization to the Planning Board at its next regular meeting.
(4)
At least five days prior to commencing construction of required improvements, a subdivider shall pay to the Village Clerk the inspection fee required by the Village Board and shall notify the Village Board in writing of the time when the subdivider proposes to commence construction of the improvements, so that the Village may cause inspection to be made to assure that all Village specifications and requirements shall be met during the construction of required improvements, and to assure the satisfactory completion of required improvements.
(5)
Upon completion of the required improvements, which in no event shall be later than 30 days prior to the expiration of the bond securing their completion, if any, or the time set by resolution of the Planning Board for completion of the required improvements, the Code Enforcement Officer and the Village's engineer shall inspect the required improvements. If the Village's engineer finds that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, the engineer shall so report to the Village Board of Trustees, Code Enforcement Officer 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 additional subdivision plat submitted by the subdivider shall be approved by the Planning Board as long as the subdivider is in default on a previously approved subdivision plat. If the Village's engineer finds that all the required improvements have been constructed in accordance with the plans and specifications filed by the subdivider, the engineer shall certify to such completion to the Planning Board.
H.
Execution and filing.
(1)
Upon the approval of a minor subdivision plat pursuant to § 160-60.6C or the approval of a major subdivision plat pursuant to §§ 160-60.4 through 160-60.6, the plat shall be signed by the Chairman of the Planning Board and filed by the applicant with the County Clerk. Final approval of a subdivision plat shall be deemed to have occurred as of the date of execution by the Planning Board Chairman.
(2)
Any subdivision plat not so filed within 30 days following the date of final approval shall become null and void.
(3)
No changes, erasures, modifications or revisions shall be made in any subdivision plat after final approval has been given by the Planning Board unless the plat is first resubmitted to the Planning Board and the Board approves any modifications. In the event that any such subdivision plat is recorded without complying with this requirement, it shall be considered null and void, and the Board shall institute proceedings to have the plat stricken from the records of the County Clerk.
§ 160-60.7 Public streets and recreation areas.
A.
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 road, easement or other open space shown on the subdivision plat.
B.
When a park, playground, or other recreation area has been shown on a subdivision plat, approval of the plat shall not constitute an acceptance by the Village of the park, playground or recreation area. The Planning Board shall require the plat or licensed survey map to be endorsed with approved and appropriate restrictions and disclaimers to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the Village covering future deed and title, dedication, and provision for the cost of grading, development, equipment and maintenance of any such park, playground or recreation area.
§ 160-60.8 Cluster subdivisions.
A.
The Planning Board is empowered to modify applicable provisions of the Village's zoning requirements in accordance with the provisions of § 7-738 of the Village Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities, and to preserve the natural and scenic qualities of open lands. The following shall be the procedure and standards:
(1)
A subdivider may request the use of Village Law § 7-738, at presentation of a sketch plat as herein provided.
(2)
A subdivider shall present, along with a proposal in accordance with the provisions of Village Law § 7-738, a Cluster sketch plat which is consistent with all the criteria established by this article, including roads being consistent with the road specifications and lots being consistent with zoning requirements.
(3)
If the application of this procedure results in a plat showing land available for park, recreation, open space or other municipal purposes directly related to the plat, then necessary conditions as to ownership, use and maintenance of such lands for their intended purposes shall be set forth.
(4)
Upon determination that a sketch plat is suitable for the procedures under Village Law § 7-738, and subsequent to the resolution authorizing the Planning Board to proceed, a preliminary plat meeting all of the requirements of the resolution shall be presented to the Planning Board, and thereafter the Planning Board shall proceed with the required public hearings and other requirements of this article.
(5)
Upon making final approval of a plat on which Village Law § 7-738, cluster subdivision provisions have been used, the Planning Board Chair shall notify the Village Clerk, who shall make the appropriate changes to the Zoning Map.