Village of
New York Mills
Oneida County, NY
 Laws 

PART II GENERAL LEGISLATION Chapter 175, SUBDIVISION OF LAND, ARTICLE III, Procedure for Filing Subdivision Applications

Body:

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.