[Amended 8-12-1986]
Whenever any subdivision or resubdivision of land is proposed,
and before any contract for the sale, or any offer to sell such subdivision
or any part thereof, is made, the subdividing owner or his agent,
duly authorized in writing, shall proceed to secure approval of the
proposed subdivision in accordance with the following steps:
A.
Sketch plan conference and Planning Board review.
B.
Preparation of preliminary plat and Planning Board review and action.
C.
Preparation of final plat and Planning Board review and action.
D.
Reimbursement of professional review fees.
[Added 12-27-1990]
(1)
The Planning Board, in the review of any application presented to it, may refer such application to any planner, engineer, environmental expert, legal counsel or other professional as such Board shall deem reasonably necessary to assist it in the review of such application as required by law. Fees charged by such professionals shall be in accord with fees usually charged for such services in Westchester County and pursuant to a contractual agreement between the Town and such professional. All such charges shall be paid by the Town upon submission of a Town voucher. The applicant shall reimburse the Town for the cost of such professional review services upon submission of a copy of the voucher or, at the discretion of the approving agency, in accordance with Subsection D(2) herein concerning the establishment of escrow accounts. Such professional review fee reimbursement costs shall bear a reasonable relationship to the average costs for applications of that type. The payment of such fees shall be required in addition to any and all other fees required by this or any other section of this chapter, or any other Town law, ordinance or regulation.
(2)
Escrow accounts. At the time of submission of any application to,
and prior to the review by the Town Board, the Planning Board or the
Zoning Board of Appeals, the approving agency may require the establishment
of an escrow account, from which withdrawals shall be made to reimburse
the Town for the cost of professional review services. The applicant
shall then provide funds to the Town in two separate installments
for deposit into such account in an amount to be determined by the
approving agency based on its evaluation of the nature and complexity
of the application. To cover the costs of the initial review of the
application, deposit shall be made in accordance with the initial
escrow account deposit schedule adopted by the approving agency. After
such preliminary review, the applicant shall provide additional funds
to the Town for deposit into the escrow account in an amount to be
established by the approving agency as the full escrow deposit based
upon estimates of the total anticipated review costs provided by the
consultants to the approving agency and the applicant. Said estimates
are for the convenience of the applicant and shall not be binding
upon the approving agency. The applicant shall be provided with copies
of any Town voucher for such services as they are submitted to the
Town. When the balance in such escrow account is reduced to 1/2 of
the full escrow deposit amount, the applicant shall deposit additional
funds into such account to bring its balance up to 100% of the amount
of the full escrow deposit, or to some lesser amount as deemed acceptable
by the approving agency to complete the review of the application.
If such account is not replenished within 20 days after the applicant
is notified in writing of the requirement for such additional deposit,
the approving agency may suspend its review of the application. A
building permit or certificate of occupancy or use shall not be issued
unless all professional review fees charged in connection with the
applicant's project have been reimbursed to the Town. After all pertinent
charges have been paid, the Town shall refund to the applicant any
funds remaining on deposit.
(3)
In the event that a positive declaration is made in accordance with
the New York State Environmental Quality Review Law (SEQR)[1] regarding the subject application, reimbursement procedures utilizing the basic escrow account established in accordance with Subsection D(2) may be suspended until after completion of the SEQR process. After all pertinent charges have been paid, the Town may refund to the applicant any funds remaining on deposit in the basic escrow account minus $100 so as to maintain said escrow account with the Town. All reimbursements of the costs of professional review fees incurred subsequent to making a positive declaration and necessary to the preparation or review of an EIS shall be made in accordance with the procedures established under SEQR and the Lewisboro Environmental Quality Review Law (LEQR).[2] Upon completion of the SEQR process or continued review of the application which is not directly related to the preparation or review of an EIS, the applicant shall replenish the basic escrow account with a deposit in an amount deemed necessary by the approving agency, but in no case in an amount greater than the full escrow deposit amount originally established by the approving agency. All subsequent reimbursements and refunds shall be made in accordance with Subsection D(2).
Where an applicant proposes an exchange or transfer of land
with an adjoining property, the Planning Board may adjust the normal
three-step application procedure and may waive public hearing on such
proposal where the following conditions are met:
A.
No new lots will be created.
C.
The applicant shall prepare and submit a final subdivision plat.
D.
The applicant shall submit a fee in accordance with a fee schedule
adopted by resolution of the Town Board[2] and, as deemed necessary by the approving agency, an escrow account deposit required in accordance with § 195-12 to reimburse the Town for the costs of professional review fees charged in connection with the review of the application. If the approving agency shall not deem it necessary to establish an escrow account, the applicant shall still be responsible for reimbursing the Town for charges incurred for professional review services in accordance with § 195-12D(1).
[Amended 12-27-1990]
[2]
Editor's Note: The fee schedule is on file in the Town offices.
A.
Prior to preparation of proposals.
(1)
Before preparing a development or subdivision proposal, the applicant
should become familiar with the regulations, standards and requirements
contained in these Land Development Regulations, the Lewisboro Zoning
Ordinance, the Lewisboro Wetlands and Watercourses Law, the Lewisboro
Stormwater Management and Erosion and Sediment Control Law and the
Lewisboro Environmental Quality Review Law.[1] The applicant should also review the Town Master Plan
to determine what recommendations may have already been suggested
for the use of the property proposed to be subdivided.
[Amended 12-18-2007 by L.L. No. 6-2007]
(2)
The proposed subdivision should also be discussed with the County
Health Department, which must eventually approve any final subdivision
plat. Particular attention should be paid to the area, grade and type
of soil of proposed building sites, the proper amount of land area
for private sewage disposal facilities and water supply and the proper
drainage of stormwater.
B.
Initial documentation. Maps showing the property's boundaries, available topographic data, the proposed lot arrangement and locations of new streets must be brought to the conference listed in Subsection C, but need not be in final form.
C.
Conference.
(1)
Prior to submitting an application for sketch plan review by the
Planning Board, the applicant shall request a conference meeting with
the Planning Director and Town Engineer for the purpose of discussing
the proposed subdivision layout and development concept. If the proposed
subdivision includes a new road, the Highway Superintendent shall
also be included in the discussions.
(2)
The Town officials shall advise the applicant as to what additional
materials and information should be submitted as part of the sketch
plan review application.
D.
Application for sketch plan review.
(1)
Upon completion of the above steps, an application for sketch plan
review may be submitted. The application will be scheduled to be considered
by the Planning Board at the first available opening on the Board's
regular meeting calendar. In no event shall an application be considered
fewer than 15 days after all required material is submitted to the
Secretary of the Planning Board.
(2)
Required application material shall include:
(a)
One completed sketch plan review application form.
(b)
Twelve copies of the sketch plan or plans.
(c)
Sketch plan review fee in accordance with a fee schedule adopted by resolution of the Town Board, and as deemed necessary by the approving agency, an escrow account deposit required in accordance with § 195-12 to reimburse the Town for the costs of professional review fees charged in connection with the review of the application. If the approving agency shall not deem it necessary to establish an escrow account, the applicant shall still be responsible for reimbursing the Town for charges incurred for professional review services in accordance with § 195-12D.
[Amended 12-27-1990]
(d)
Affidavit from the Town Receiver of Taxes that all taxes on
the subject property have been paid.
E.
Planning Board review. The applicant or his duly authorized representative
shall be present at the Planning Board meeting to present his sketch
plan and discuss the proposed development concept and subdivision
layout with the Board. Consultants to the Planning Board, including
the Planning Director, Town Engineer, Highway Superintendent and Conservation
Advisory Council, shall be provided an opportunity to present comments
and recommendations. At the discretion of the Board Chairman, comments
from the public may be entertained.
F.
Field review. As a result of the Planning Board meeting discussion,
the Board may schedule a field trip to the proposed development or
subdivision site. Prior to it, the Board may request the applicant
to place temporary stakes along the center line of proposed roads
and at other locations so as to facilitate the review. Road stakes
shall be located at one-hundred-foot intervals and at all proposed
intersections; each stake shall be marked. At the request of the Planning
Board, the applicant or his duly authorized representative should
attend the field trip.
G.
Planning Board recommendation. The Planning Board shall advise the
applicant of any changes, additions or modifications that should be
made in the subdivision or development concept shown on the sketch
plan. The Board shall also advise the applicant of subject areas requiring
more study or information.
H.
Revised sketch plan review.
(1)
When the Planning Board recommendation calls for substantial changes to be made in the sketch plan proposal or identifies the need for submission of additional information so as to allow for responsible review of the proposal, the Board may advise the applicant to prepare a revised sketch plan. The procedure set forth in Subsections C through G shall be followed to the extent determined necessary by the Planning Board or Planning Director.
(2)
If the applicant and Town Engineer cannot come to agreement with
respect to any substantive aspect of the subdivision's design, the
Town Engineer shall report such fact to the Planning Board. The Board
will then set a date for a discussion of the issue at a regularly
scheduled meeting.
The preparation and review of a preliminary plat and construction
plans for a proposed subdivision must be undertaken in accordance
with the following procedures. The proposed development or subdivision
must reflect thorough consideration and response to the recommendations
made by the Planning Board during the sketch plan review procedure.
The applicant shall be responsible to ensure that his survey of property
has been cross-checked with property deed descriptions and Town of
Lewisboro Tax Map data and that any variances or discrepancies are
resolved prior to initiating this step of the review procedure.
A.
Application for preliminary subdivision approval. The applicant shall
file application for approval of a preliminary plat. The application
shall include:
(1)
One completed preliminary subdivision application form, including
an affidavit of ownership or written authorization of the property
owner for the application to be made.
(2)
Affidavit from the Town Receiver of Taxes that all taxes on the subject
property have been paid.
(4)
One completed full environmental assessment form, Part I, or 12 copies
of a draft environmental impact statement, except when acceptance
of a completed short environmental assessment form is recommended
by the Planning Board or Planning Director.
(5)
Twelve copies of each of the following maps prepared in accordance
with the designated section of Appendix A of these regulations:[2]
(a)
Preliminary plat (see § A-1).
(b)
Topographic map (see § A-2).
(c)
Map of contiguous holdings (see § A-3).
(d)
Preliminary construction plans and profiles (see § A-4).
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
(6)
Twelve copies of a preliminary stormwater pollution prevention plan
(SWPPP) consistent with the requirements, standards and performance
and design criteria as set forth in the Lewisboro Stormwater Management
and Erosion and Sediment Control Law.[3] Additional copies shall be provided as may be requested
by the Secretary of the Planning Board.
[Added 12-18-2007 by L.L. No. 6-2007][4]
B.
Lead agency and determination of significance. In accordance with
the requirements of the Town of Lewisboro Environmental Quality Review
Law,[5] the Planning Board shall follow the procedures for choosing
a lead agency for each subdivision application and for determining
whether the subdivision may have a significant adverse effect on the
environment. If it is determined that the subdivision may have a significant
adverse effect on the environment, the application shall not be complete
without a draft environmental impact statement found acceptable by
the lead agency.
C.
Temporary staking. In order to facilitate inspection and review of
the site of the proposed subdivision, temporary staking along the
approximate center line of all proposed roads in the subdivision will
be required. The applicant shall provide stakes as follows:
(1)
Along the center line of each proposed road at intervals of not more
than 100 feet and at each point of beginning and ending of each curve.
Each stake shall be identified by station marking to conform to the
plans as presented and shall be so placed as to extend at least 30
inches above the ground surface. Inasmuch as these stakes are not
permanent, a tolerance of up to one foot from exact position will
be allowed.
(2)
A stake shall be placed at the approximate intersection of each side
lot line with the street line, marked with the identifying number
of each abutting lot, as shown on the preliminary plat. These stakes
shall be maintained in position during construction operations.
(3)
All stakes referred to in this section shall be in position at the
time the preliminary application is made. The Planning Board will
not conduct its field inspection of the property until such stakes
have been positioned.
(4)
All stakes removed or destroyed prior to the approval of the subdivision
plat shall be replaced by the applicant, if required by the Planning
Board or its authorized representatives.
E.
Field trip and study of plat.
(1)
After receipt of all required preliminary application material, the
Planning Board may schedule a field trip to the site of the proposed
subdivision. The applicant, or his representative, may be invited
to attend the field trip.
(2)
The Planning Board will study the practicability of the preliminary
plat, taking into consideration the requirements of the community
and the best use of the lands being subdivided. Particular attention
will be given to the arrangement, location and width of streets, their
relation to the topography of the land; drainage; stormwater management,
erosion and sedimentation controls; lot sizes and arrangements; water
supply and sewage disposal; significant natural features of the land
to be subdivided; the future development of adjoining land as yet
unsubdivided; the requirements of these regulations, the Lewisboro
Stormwater Management and Erosion and Sediment Control Law, the Lewisboro
Wetlands and Watercourses Law, the Lewisboro Zoning Ordinance and
Official Maps;[6] and the recommendations of the Town Master Plan.
[Amended 12-18-2007 by L.L. No. 6-2007]
F.
Scheduling of public hearing.
(1)
The Planning Board shall call a public hearing to be held within
45 days of the date of official receipt of an application for preliminary
subdivision approval. As a general rule, this hearing will be held
at the next scheduled meeting of the Planning Board occurring 22 or
more days after the date of official receipt so as to allow adequate
time for the giving of official notice.
(2)
Any public hearing to be held on a draft environmental impact statement
for the proposed subdivision shall, if possible, be held concurrently.
G.
Public hearing notice.
[Amended 3-18-2013 by L.L. No. 2-2013]
(1)
An applicant shall give prior written notice to affected property
owners, as hereinafter defined, by certified mail, return receipt
requested, mailed not less than 15 days prior to the date of the public
hearing. The notice shall be provided by the Planning Board through
its secretary, who shall also publish the same in the official newspaper
of the Town of Lewisboro at least five days prior to the public hearing.
(2)
"Affected property owners" shall be defined as owners of properties
neighboring or in the vicinity of the property for which the application
has been filed ("subject property") as listed in the current Town
Assessor Records, as follows:
(a)
In the R-4A and R-2A Districts, property owners within 500 feet
of the perimeter of the subject property.
(b)
In the R-1A, R-1/2A and R-1/4A, R-2F-10 and R-2F-7.5 Districts,
property owners within 250 feet of the perimeter of the subject property.
(c)
In the R-MF District, property owners within 250 feet of the
perimeter of the subject property.
(d)
In all nonresidential districts, property owners within 250
feet of the perimeter of the subject property.
(e)
If notice is to be given to the common element of a condominium,
it shall not be necessary to provide notice to each owner of an undivided
interest in the common element of the condominium. In such case, notice
must be given to the managing agent of the condominium and the chair
of the board of managers of the condominium.
(3)
At the public hearing, the applicant shall submit the receipts evidencing
proof of mailing and a copy of the notice actually sent, certified
to be true and accurate. The applicant shall also submit an affidavit
of mailing, a location map (such as a copy of the tax map or its equivalent)
sufficient to show the parcels to which notices were mailed and a
directory showing the names of the property owners on the map.
(4)
For each such application, the applicant shall post a sign, to be
supplied by the Town, on the subject property on or before the seventh
day prior to the scheduled opening of the public hearing. Such sign
shall be placed in a location plainly visible from the most commonly
traveled street or highway upon which the subject property fronts.
In no case shall the sign be more than 10 feet from the front lot
line and shall be at least four feet above the ground.
(a)
In the event an application is withdrawn, becomes inactive,
or the public hearing is closed, the applicant shall remove the sign
within five business days. For the purposes of this section, any application
which has not appeared on the Planning Board's agenda for three months
or more shall be designated inactive. If an application is thereafter
reactivated, signs shall be posted within three days.
(b)
Prior to the commencement of the public hearing, the applicant
shall submit a sworn certification, with photographic evidence, to
verify the placement and maintenance of the required sign.
(c)
An applicant shall deposit the sum of $50 with the Planning
Board Secretary to insure the return of the sign in good condition.
Such deposit shall be returned to the applicant unless the sign is
not returned in a condition substantially equivalent to its condition
when provided to the applicant.
H.
Westchester County referral.
(1)
In accordance with the provisions of New York State General Municipal
Law, a complete set of all application materials required by the Planning
Board along with a copy of the public hearing notice will be submitted
to the Westchester County Planning Board for review and recommendations
where the land included within the preliminary plat is located within
500 feet of any county or state highway or park, an established county
drainage channel line, county- or state-owned land on which a public
building or institution is located or a municipal boundary excluding
the boundary with municipalities in the State of Connecticut.
(2)
The Planning Board may not take action on any application that requires
referral to the County Planning Board until 30 days after the date
of referral or a recommendation on the application has been returned
to the Town Planning Board, whichever first occurs.
(3)
If the County Planning Board disapproves the proposal or recommends
modification thereof, the Town Planning Board shall not act contrary
to such disapproval or recommendation except by a vote of a majority
plus one of all the members thereof and after the adoption of a resolution
fully setting forth the reasons for such contrary action. Within seven
days after adoption of such a resolution on the application by the
Town Planning Board, the Secretary to the Planning Board shall file
a copy of the resolution with the County Planning Board.
I.
Public hearing and Planning Board action.
(1)
The applicant or his duly authorized representative should be present
at the public hearing to present his proposed development or preliminary
plat as set forth in the application materials. At the hearing, the
Planning Board will provide an opportunity for any interested person
to comment on the preliminary plat and supporting application materials.
(2)
For good cause, the Planning Board may adjourn the public hearing
until a later stated time and date.
(3)
Within 45 days of the close of the public hearing, the Planning Board
will approve, with or without modifications, or disapprove the preliminary
subdivision application by resolution, which will set forth in detail
any modifications to which the approval is subject, or reasons for
disapproval, pursuant to § 276 of the Town Law. The time
in which the Planning Board must take action may be extended by mutual
consent of the applicant and the Planning Board. When so approving
a preliminary plat, the Planning Board shall state, in writing, modifications,
if any, as 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 Secretary of the Planning Board as having
been granted preliminary approval and a copy filed in the Planning
Board office and a certified copy mailed to the owner of the subject
property.
J.
Expiration of approval. Approval of a preliminary application shall
expire six months from the date of approval if no application for
final approval is submitted within such period, except where such
time limit is extended by the Planning Board after an application
for an extension is submitted to the Planning Board. In general, the
Planning Board will not grant extensions for a period extending beyond
18 months after the date of approval of the preliminary application.
The preparation and review of a final plat and construction
plans for a proposed subdivision must be undertaken in accordance
with the following procedures. The proposed subdivision must be prepared
in accordance with the modifications and conditions set forth in the
Planning Board's resolution of preliminary subdivision approval.
A.
Application for final subdivision approval. The applicant shall file
application for approval of a final plat. The application shall include:
(1)
One completed final subdivision application form, including an affidavit
of ownership or written authorization of the property owner for the
application to be made.
(2)
Affidavit from the Town Receiver of Taxes that all taxes on the subject
property have been paid.
(3)
Final subdivision application fee in accordance with a fee schedule
adopted by the Town Board.
(4)
Twelve copies of a final stormwater pollution prevention plan (SWPPP)
consistent with the requirements, standards and performance and design
criteria as set forth in the Lewisboro Stormwater Management and Erosion
and Sediment Control Law.[1] Additional copies shall be provided as may be requested
by the Secretary of the Planning Board.
[Added 12-18-2007 by L.L. No. 6-2007][2]
(5)
Twelve copies of each of the following maps prepared in accordance
with the designated section of Appendix A of these regulations:[3]
[3]
Editor's Note: Appendix A is included at the end of this chapter.
(6)
All materials and plans must comply in all respects with §§ 276 and 277 of the Town Law and with Article V of these regulations, except where a modification may be specifically authorized by the Planning Board. All modifications of these regulations requested of the Planning Board by the applicant shall be identified with the reasons for each waiver stated in writing.
(7)
Formal offer of cession to the public of all streets, parks or easements,
as set forth in substance in § 278 of the Town Law, unless
the applicant has noted on the plat that no offer of dedication is
to be made, in which case the applicant shall include documents providing
for and fixing responsibility for their suitable maintenance. (See
Appendix B.[4])
[4]
Editor's Note: Appendix B is on file in the office of the
Town Clerk.
(8)
Statements from applicant's engineer or surveyor, certifying the
total amount of acreage within the subdivision, the total amount of
acreage within all street rights-of-way and the total length of all
streets. The length of a street shall be the horizontal distance along
the center line of a proposed street to the farthest point of the
turnaround circle pavement. Intersections shall be counted only once.
(10)
Detailed quantity cost estimate for all improvements proposed
in said subdivision, with the quantities certified to by the applicant's
engineer.
(11)
Formal offers of easement to the Town, in a form satisfactory
to the Town Attorney, for all intersection sight areas, drainage and
other possible considerations as may be required under the provisions
of these regulations.
(12)
If the subdivision contains a proposed new street or streets,
evidence that the applicant has written to the Town Board and requested
approval of the proposed name(s) of street(s). Such proposed name(s)
will conform to the standards and classifications of these regulations.
B.
Approval by other agencies. The filing of written approval by other
agencies with the final application shall be required in the following
instances:
(1)
Intersections with state highways: by the State Department of Transportation.
(2)
Method of water supply and sewage disposal: by the Westchester County
Department of Health. Such approval shall be endorsed on the subdivision
plat.
(3)
Location of underground utilities: by the New York State Electric
and Gas Company and the New York Telephone Company.
(4)
Stormwater pollution prevention and erosion and sediment controls:
by the New York State Department of Environmental Conservation and/or
New York City Department of Environmental Protection.
[Added 12-18-2007 by L.L. No. 6-2007]
D.
Scheduling of public hearing.
(1)
The Planning Board shall call a public hearing to be held within
45 days of the date of official receipt of an application for final
subdivision approval. As a general rule, this hearing will be held
at the next scheduled meeting of the Planning Board occurring 22 or
more days after the date of official receipt so as to allow adequate
time for the giving of official notice.
(2)
When the Planning Board deems the final plat to be in substantial
agreement with a preliminary plat approved under the provisions of
these regulations and modified in accordance with the requirements
of such approval if applicable, the Planning Board may waive the requirement
for such a public hearing.
E.
Public hearing notice. If a public hearing on the application for final subdivision approval is to be held, the provisions for public notice specified in Subsection G shall be followed.
F.
Westchester County referral.
(1)
Where the land included within the final plat is located within 500 feet of any county or state highway or park, an established county drainage channel line, county- or state-owned land on which a public building or institution is located or a municipal boundary excluding the boundary with municipalities in the State of Connecticut, the provisions for referral of the application to the Westchester County Planning Board specified in Subsection H shall be followed.
(2)
The Planning Board may not take action on any application that requires
referral to the County Planning Board until 30 days after the date
of referral or a recommendation on the application has been returned
to the Town Planning Board, whichever first occurs.
G.
Public hearing.
(1)
The applicant or his duly authorized representative should be present
at the public hearing to present the final plat as set forth in the
application materials. At the hearing, the Planning Board will provide
an opportunity for any interested person to comment on the final plat
and supporting application materials.
(2)
For good cause, the Planning Board may adjourn the public hearing
until a later stated time and date.
H.
Planning Board action. Within 45 days of the close of the public
hearing, or within 45 days of the receipt of a properly completed
application if a hearing is waived, the Planning Board shall by resolution,
conditionally approve, conditionally approve with or without modification,
disapprove or grant final approval. The resolution shall set forth
in detail any conditions to which the approval is subject, or reasons
for disapproval, pursuant to § 276 of the Town Law. The
time in which the Planning Board must take action on such proposed
subdivision plat may be extended by mutual consent of the owner and
the Planning Board.
I.
Authorization for filing plat by sections. Prior to granting its
approval, the Planning Board may permit the plat to be subdivided
into two or more sections and may impose such conditions upon the
filing of such sections as it may deem necessary to assure the orderly
development of the plat. The Planning Board will determine that the
sections are logical in their extent, and that none contain less than
10% of the total lots in the subdivision. No section will be approved
for filing prior to another section or sections upon which it will
depend for street access and adequate traffic circulation. Approval
of such sections, subject to any conditions imposed by the Planning
Board, shall be granted concurrently with the approval of the subdivision
plat, and the extent of each section and all conditions imposed shall
be shown on the subdivision plat. The Planning Board may deny approval
of any subsequent section, if a prior section has not first been satisfactorily
completed.
J.
Performance bond. If the applicant has indicated his intention of
filing a performance bond to insure completion of all required improvements,
the amount of such bond will be set by the Planning Board by resolution.
The applicant must file the bond in a form and with a surety approved
by the Town Board.
K.
Final plat approval.
(1)
Filing of resolution. Within five days of the adoption of a resolution
by the Planning Board on an application for approval of a final subdivision
plat, the plat shall be certified by the Secretary of the Planning
Board as conditionally approved and a copy filed in the Planning Board
office and a copy mailed to the owner, including a certified statement
of such requirements which when completed will authorize the signing
of the conditionally approved final plat. The plat shall not be signed
by the Chairman and Secretary of the Planning Board until completion
of all such requirements.
(2)
Revision of final plat. Based upon the above-noted resolution, the
applicant shall have the final subdivision plat revised, if necessary.
This may require correcting and completing the plat in final form
or redrawing a new map. In the latter case, the final plat must be
exactly the same as the conditionally approved plat, except for any
changes required by the resolution.
(3)
Revision of final construction plans. The construction plans, revised
as necessary to meet the requirements of the Planning Board resolution,
shall be endorsed by the Town Engineer as "approved" and in compliance
with the requirements of said resolution and the applicable regulations
prior to the signing of the plat.
(4)
Revision of final stormwater pollution prevention plan (SWPPP). The
stormwater pollution prevention plan, revised as necessary to meet
the requirements of the Planning Board resolution, shall be endorsed
by the Town Engineer as "approved" and in compliance with the requirements
of said resolution and the applicable regulations prior to the signing
of the plat.
[Added 12-18-2007 by L.L. No. 6-2007]
(5)
Submission of final plat and construction plans, including a final
stormwater pollution prevention plan. The applicant shall submit to
the Secretary of the Planning Board one final subdivision plat and
one reproducible reproduction identical in content for signature,
endorsed by the Town Engineer. The plat shall be a map drawn with
permanent ink upon Mylar or such other substance, with the exception
of paper or sepia, as the Westchester County Clerk shall approve;
the reproduction shall be Mylar or other permanent reproducible material.
The applicant shall also submit to the Secretary of the Planning Board
three sets of the construction plans, endorsed by the Town Engineer.
No formal approval shall be endorsed on the plat until a review has
indicated that all requirements of the resolution have been met. Additional
copies of the above shall be provided as requested or required by
the Planning Board and/or the Secretary of the Planning Board.
[Amended 12-18-2007 by L.L. No. 6-2007][5]
(6)
Signing of the plat. Signing or endorsement of the final subdivision
plat shall constitute final approval of a subdivision. The plat shall
be signed and dated by the officer of the Planning Board authorized
and designated in the resolution of approval or conditional approval
and by the Secretary of the Planning Board at the time specified below:
(a)
When a bond is filed. The Planning Board will endorse approval
of the plat after the bond has been approved and filed and all of
the conditions of the resolution pertaining to the plat and construction
plans have been satisfied.
(b)
When no bond is filed. The Planning Board will endorse approval
on the plat after all conditions of the resolution have been satisfied
and all improvements satisfactorily completed.
L.
Expiration of conditional approval. Conditional approval of a final
plat shall expire 180 days after the date of the resolution granting
conditional approval unless such requirements have been certified
as completed. The Planning Board may extend the time in which a conditionally
approved plat in final form must be submitted for signature, if in
its opinion such extension is warranted by the particular circumstances
thereof, for not to exceed two additional periods of 90 days each.
M.
Plat void if revised after signature. No changes, erasures, modifications
or revisions shall be made to any subdivision plat after approval
has been given by the Board and endorsed, in writing, on the plat.
In the event that any subdivision plat, when recorded, contains any
such changes, the plat shall be considered null and void.
N.
Time for filing plat with County Clerk. In accordance with the Town
Law, the plat must be filed or recorded in the office of the Westchester
County Clerk, Division of Land Records, within 60 days of the date
of signing. The approval of any plat not so filed shall expire 60
days from the date of signing.
O.
Time for filing plat by sections. In the event that the owner shall
file only a section of such approved plats in the office of the County
Clerk, Division of Land Records, the entire approved plat shall be
filed within 30 days of the filing of such section with the Lewisboro
Town Clerk and with the Town Clerk in each Town in which any portion
of the land described in the plat is situated. Such section shall
encompass at least 10% of the total number of lots contained in the
approved plat and the approval of the remaining sections of the approved
plat shall expire unless said sections are filed within three years
after the filing of the first section.
P.
Submission of copies of endorsed and filed plat.
(1)
After approval of the Planning Board has been endorsed on the final subdivision plat and on the reproduction, the reproduction will be returned to the applicant to make eight prints for delivery to the Planning Board Secretary. Upon receipt of the required prints and the endorsed reproduction, the final subdivision plat will be returned to the applicant to allow compliance with Subsection N above. The reproduction shall be retained by the Planning Board.
(2)
After an endorsed final subdivision plat has been filed or recorded
in the office of the Westchester County Clerk, Division of Land Records,
the applicant shall obtain and deliver to the Planning Board Secretary
two eighteen-inch by twenty-four-inch copies of the final subdivision
plat as filed and showing all signatures and acknowledgments of filing.
(Required copies may be obtained at the office of the Westchester
County Clerk.) No building permits will be issued on any lot shown
on a subdivision plat until the above copies of the filed plat have
been delivered.
