A.
Whenever any subdivision of land is proposed and before
any contract for the sale is carried out or title to any part thereof
is transferred, the subdividing owner or his duly authorized agent
shall proceed to secure approval of the proposed subdivision in accordance
with the following steps:
B.
If at any time the Board of Trustees desires a recommendation
from the Planning Board with respect to a major subdivision application
over which it is the approval authority, the Board of Trustees shall
request same, and the Planning Board shall then be authorized to meet
with the applicant or its agents, to visit the site and to make recommendations
to the Board of Trustees. For all minor subdivision applications,
the Planning Board is the designated approval authority and shall
have all of the powers and duties of the Board of Trustees regarding
subdivision applications as prescribed under this chapter.
C.
Notwithstanding any provisions of these subdivision
regulations or any other Village laws or regulations to the contrary,
the provisions and requirements of Article 8 of the Environmental
Conservation Law, § 8-0113, Part 617 of NYCRR, hereinafter
referred to as "SEQR" regulations, shall be complied with.
This step is recommended for the benefit of
the applicant, but it is not required. If followed by the Planning
Board based upon a referral from the Board of Trustees or in connection
with the Planning Board's review of a minor subdivision application,
the procedure shall be as follows:
A.
Initial conference. The applicant shall notify the
Building Inspector at least one week in advance of a regular Planning
Board meeting of his desire to be placed on the agenda for an initial
conference. At such conference, he shall present a sketch layout of
the proposed subdivision. It shall include a site location sketch
(at a scale of one inch to 800 feet) indicating the applicant's entire
holdings in relation to neighboring streets and properties and shall
show the general nature of the proposed arrangement of streets, lots
and recreation areas and the proposed concept for providing utility
services. The sketch layout shall be drawn on a topographic map with
a vertical contour interval of no more than five feet, at a scale
of no smaller than one inch to 100 feet. It shall be submitted in
seven copies.
B.
Field trip. After the initial conference, the Planning
Board may schedule a field trip to the proposed subdivision site.
The applicant or his representative should attend the site inspection
and, prior to it, should have the center line of all proposed streets
located by temporary stakes.
C.
Planning Board recommendations. At or subsequent to
the field trip, the Planning Board shall advise the applicant or his
representative of the additions and modifications, if any, which should
be made if an application for subdivision approval is to be submitted.
A.
Application requirements. Prior to requesting approval of a proposed
final subdivision plat, the applicant shall file an application for
approval of a preliminary plat, including all required application
materials, in electronic file format acceptable to the Building Department
in addition to at least eight paper copies, or such other format or
amount as determined by the Building Department. The Building Department
may waive the electronic submission requirement only in extraordinary
cases of technical infeasibility. Such application shall be filed
with the Building Department at least three weeks prior to the regular
meeting of the approval authority at which it will be considered,
or such other time frame as may be established by rules of procedure
established by the approval authority, and shall:
[Amended 8-8-2006 by L.L. No. 14-2006; 10-28-2014 by L.L. No.
9-2014]
(1)
Be accompanied by a preliminary application fee, payable to the Village
of Rye Brook in the amount shown in the License and Permit Fee Schedule
on file in the Village Clerk's office. Such fee may be amended from
time to time by resolution of the Board of Trustees.
(2)
Comply with all requirements of these regulations and the Zoning
Law.
(4)
Be accompanied by a completed State Environmental Quality Review
(SEQR) Environmental Assessment Form, available from the Building
Department.
(5)
A stormwater management plan or a stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 217 of the Village Code shall be required for preliminary subdivision plat approval. The stormwater management plan or the SWPPP shall meet the performance and design criteria and standards of Chapter 217. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 217.
B.
Field trip. The approval authority may schedule a field inspection of the proposed subdivision, as described in § 219-10B.
C.
Coordination with SEQR. The approval authority shall
comply with the provisions of the State Environmental Quality Review
Act and its implementing regulations.
D.
Receipt of a complete preliminary plat. A preliminary
plat shall not be considered complete until a negative declaration
has been filed or until a notice of completion of the draft environmental
impact statement has been filed in accordance with the provisions
of the State Environmental Quality Review Act. The time periods for
review of a preliminary plat shall begin upon filing of such negative
declaration or such notice of completion.
E.
Approval authority as lead agency under the State
Environmental Quality Review Act; public hearing; notice; decision.
(1)
Public hearing on preliminary plats. The time within
which the designated approval authority, where applicable, shall hold
a public hearing on the preliminary plat shall be coordinated with
any hearing the approval authority may schedule pursuant to the State
Environmental Quality Review Act, as follows:
(a)
If the approval authority determines that the
preparation of an environmental impact statement on the preliminary
plat is not required, the public hearing on such plat shall be held
within 62 days after the receipt of a complete preliminary plat by
the Village Clerk.
(b)
If the approval authority determines that an
environmental impact statement is required, a public hearing on the
preliminary plat and the draft environmental impact statement shall
be held jointly within 62 days after the filing of the notice of completion
of such draft environmental impact statement in accordance with the
provisions of the State Environmental Quality Review Act. If no public
hearing is held on the draft environmental impact statement, the public
hearing on the preliminary plat shall be held within 62 days of filing
the notice of completion.
(c)
The hearing on the preliminary plat shall be
closed upon motion of the designated approval authority within 120
days after it has been opened.
(2)
Public notification. All applicants shall be subject to the public notification requirements set forth in § 250-40 of the Zoning Code of the Village of Rye Brook.
(3)
Decision. The approval authority shall approve, with
or without modification. or disapprove such preliminary plat as follows:
(a)
If the approval authority determines that the
preparation of an environmental impact statement on the preliminary
plat is not required, such board shall make its decision within 62
days after the close of the public hearings; or
(b)
If the approval authority determines that an
environmental impact statement is required, and a public hearing is
held on the draft environmental impact statement, the final environmental
impact statement shall be filed within 45 days following the close
of such public hearing in accordance with the provisions of the State
Environmental Quality Review Act. If no public hearing is held on
the draft environmental impact statement the final environmental impact
statement shall be filed within 45 days following the close of such
public hearing on the preliminary plat. Within 30 days of the filing
of such final environmental impact statement, the approval authority
shall issue findings on the final environmental impact statement and
make its decision on the preliminary plat.
(4)
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the approval authority. When so approving a preliminary plat, the
approval authority shall state in writing any modifications it deems
necessary for submission of the plat in final form.
F.
Approval authority not as lead agency under the State
Environmental Quality Review Act; public hearing; decision.
(1)
Public hearing on preliminary plats. The approval
authority shall, with the agreement of the lead agency. hold the public
hearing on the preliminary plat jointly with the lead agency's hearing
on the draft environmental impact statement. Failing such agreement,
the approval authority shall hold the public hearing on the preliminary
plat within 62 days after the receipt of a complete preliminary plat
by the Village Clerk. The hearing on the preliminary plat shall be
closed upon motion of the approval authority within 120 days after
it has been opened.
(2)
Public notification. All applicants shall be subject to the public notification requirements set forth in § 250-40 of the Zoning Code of the Village of Rye Brook.
(3)
Decision. The approval authority shall, by resolution,
approve, with or without modification, or disapprove the preliminary
plat within 62 days after the close of the public hearing on such
preliminary plat.
(4)
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the approval authority. When so approving a preliminary plat, the
approval authority shall state in writing any modifications it deems
necessary for submission of the plat in final form.
G.
Filing of decision on preliminary plat. Within five
business days from the date of the adoption of the resolution approving
the preliminary plat, the chairman or other duly authorized member
of the approval authority shall cause a copy of such resolution to
he filed in the office of the Village Clerk.
H.
Certification and filing of preliminary plat. Within
five business days of the adoption of the resolution panting approval
of such preliminary plat, such plat shall be certified by the Village
Clerk as having been granted preliminary approval, and a copy of the
plat and resolution shall be filed in the Village Clerk's office,
and a copy of such resolution shall be mailed to the owner.
I.
Revocation of approval of preliminary plat. Within
six months of the approval of the preliminary plat, the owner or applicant
must submit the plat in final complete form and as required by these
regulations. If the final plat is not submitted within six months,
approval of the preliminary plat may be revoked by the approval authority.
J.
Default approval of preliminary plat. The time periods
prescribed herein within which the approval authority must take action
on a preliminary plat are specifically intended, according to the
Village Law, to provide the approval authority and the public adequate
time for review and to minimize delays in the processing of subdivision
applications. Such periods may be extended only by mutual consent
of the owner and the approval authority. In the event the approval
authority fails to take action on a preliminary plat or a final plat
within the time prescribed therefor, or within such extended period
as may have been established by the mutual consent of the owner and
the approval authority, such preliminary plat shall be deemed a granted
approval. The certificate of the Village Clerk as to the date of submission
of the preliminary or final plat and the failure of the approval authority
to take action within the prescribed time shall be issued on demand
and shall be sufficient in lieu of written endorsement or other evidence
of approval herein required.
K.
Notwithstanding any other provisions of Chapter 219 and § 7-728 of the Village Law, the applicant shall be deemed to have consented to extensions of time during all stages of submission and review of the preliminary plat unless the applicant shall advise in writing or unequivocally state on the record at a regular meeting of the approval authority that no such consent is given. The approval authority shall have 62 days to act after receipt of such non-consent notice from an applicant, provided the application is complete or action on the plat is otherwise required by law. This provision shall supersede any inconsistent provisions of § 7-728(5)(b), (c) and (f) of the Village Law pursuant to the supersession authority of § 10(1)(ii)(e)(3) of the Municipal Home Rule Law.
A.
Filing of application; modifications. Application for final subdivision
plat approval shall be filed with the Building Department in electronic
file format acceptable to the Building Department in addition to at
least eight paper copies, or such other format or amount as determined
by the Building Department. The Building Department may waive the
electronic submission requirement only in extraordinary cases of technical
infeasibility. Such application shall comply with the modifications,
if any, required by the approval authority at the time of preliminary
plat approval.
[Amended 10-28-2014 by L.L. No. 9-2014]
B.
Items to accompany application. Application for final plat approval
shall be accompanied by the following:
[Amended 8-8-2006 by L.L. No. 14-2006]
(2)
A final subdivision application fee payable to the Village of Rye
Brook in the amount specified in the license and Permit Fee Schedule
on file in the Village Clerk's office, as adopted by resolution of
the Board of Trustees.
(3)
Proof of ownership by the applicant of the premises affected by the
application and certificate of a title company covering all interests,
liens and objections to title, if any.
(4)
Where subdivision roads and/or other improvements are involved and
where the applicant intends to post a performance bond to cover the
cost of such improvements or, in the alternative, where the Director
of Public Works or the subdivision resolution requires a performance
bond, a statement shall be submitted from the applicant's engineer,
giving the estimated costs of construction, together with quantities
in unit costs used in making the estimate.
(5)
An engineering inspection fee payable to the Village of Rye Brook,
as specified in the fee schedule adopted by resolution of the Board
of Trustees. The current License and Permit Fee Schedule is on file
in the Village Clerk's office.
(6)
A fee covering the costs to the Village of engineering consulting
services required for the engineering review of the proposed subdivision
as specified in the License and Permit Fee Schedule on file in the
Village Clerk's office adopted by resolution of the Board of Trustees.
(7)
Where streets or park areas are included within the proposed subdivision,
a formal offer of cession to the Village of all such street and park
areas, in a form approved by the Village Attorney, except where the
proposed final subdivision plat has a notation to the effect that
no offer of dedication of such street and park areas, or any of them,
is made to the public.
(8)
Where there is no park area shown on the proposed plat, a fee in
lieu of such recreational land shall be required. The amount of said
fee shall be calculated in the manner specified in the License and
Permit Fee Schedule on file in the Village Clerk's office adopted
by resolution of the Board of Trustees with respect to each said subdivision.
This fee shall be paid in its entirety prior to the signing of the
final plat by a duly authorized representative of the approval authority
unless a resolution adopted by the Board of Trustees specifically
modifies this payment schedule.
(9)
A written agreement, in a form satisfactory to the Village Attorney,
permitting entry by the Village onto any streets, easements and park
areas for the purposes of inspecting and installing any required improvements
in the event of the failure of the applicant to make such installations
or to properly maintain such installations until such time as the
Village assumes the responsibility for them.
(10)
A list of any and all waivers of the provisions of these regulations
which the applicant requests the approval authority to grant in a
specific case, with the reasons therefor.
(11)
A completed environmental assessment form or draft environmental
impact statement, as required under the New York State Environmental
Quality Review Act (SEQRA). Final plats may require further review
under SEQRA.
(12)
A stormwater management plan or a stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 217, of the Village Code shall be required for final subdivision plat approval. The stormwater management plan or the SWPPP shall meet the performance and design criteria and standards of Chapter 217. The approved final subdivision plat shall be consistent with the provisions of Chapter 217.
C.
Final plats which are in substantial agreement with
approved preliminary plats. When a complete final plat is submitted
which the approval authority deems to bent substantial agreement with
a preliminary plat approved, the approval authority shall, by resolution,
conditionally approve, with or without modifications, disapprove,
or grant final approval and authorize the signing of such plat, within
62 days of its receipt by the Village Clerk.
D.
Final plats when no preliminary plat is required to
be submitted; receipt of complete final plat. When no preliminary
plat is required to be submitted, a final plat shall not be considered
complete until a negative declaration has been filed or until a notice
of completion of the draft environmental impact statement has been
filed in accordance with the provisions of the State Environmental
Quality Review Act. The time periods for review of such plat shall
begin upon filing of such negative declaration or such notice of completion.
E.
Final plats which are not in substantial agreement
with approved preliminary plats or when no preliminary plat is required
to be submitted. When a final plat is submitted which the approval
authority deems not to be in substantial agreement with a preliminary
plat approved or when no preliminary plat is required to be submitted
and a final plat clearly marked "final plat" is submitted conforming
to the definition thereof, the following shall apply:
(1)
Approval authority, where applicable, as lead agency;
public hearing; notice; decision.
(a)
Public hearing on final plats. The time within
which the approval authority shall hold a public hearing on such final
plat shall he coordinated with any hearings the approval authority
may schedule pursuant to the State Environmental Quality Review Act,
as follows:
[1]
If the approval authority determines that the
preparation of an environmental impact statement is not required,
a final plat is not in substantial agreement with a preliminary plat,
or when no preliminary plat is required to be submitted, a public
hearing shall be held within 62 days after the receipt of a complete
final plat by the Village Clerk;
[2]
If the approval authority determines that an
environmental impact statement is required. and a public hearing on
the draft environmental impact statement is held, the public hearing
on the final plat and the draft environmental impact statement shall
he held jointly within 62 days after the filing of the notice of completion
of such draft environmental impact statement in accordance with the
provision of the State Environmental Quality Review Act. If no public
hearing is held on the draft environmental impact statement, the public
hearing on the final plat shall be held within 62 days following filing
of the notice of completion.
[3]
The hearing on the final plat shall be closed
upon motion of the approval authority within 120 days after it has
been opened.
(b)
Public notification. All applicants shall be subject to the public notification requirements set forth in § 250-40 of the Zoning Code of the Village of Rye Brook.
(c)
Decision. The approval authority shall make
its decision on the final plat as follows:
[1]
If the approval authority determines that the
preparation of an environmental impact statement on the final plat
is not required, the approval authority shall by resolution, conditionally
approve, with or without modification, disapprove, or grant final
approval and authorize the signing of such plat, within 62 days after
the date of the public hearing.
[2]
If the approval authority determines that an
environmental impact statement is required, and a public hearing is
held on the draft environmental impact statement, the final environmental
impact statement shall be filed within 45 days following the close
of such public hearing in accordance with the provision of the State
Environmental Quality Review Act. If no public hearing is held on
the draft environmental impact statement, the final environmental
impact statement shall he filed within 45 days following the close
of the public hearing on the final plat. Within 30 days of the filing
of the final environmental impact statement, the approval authority
shall issue findings on such final environmental impact statement
and shall, by resolution, conditionally approve, with or without modification
disapprove, or grant final approval and authorize the signing of such
plat.
(d)
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall he stated upon the record
of the approval authority.
(2)
Approval authority not as lead agency; public hearing;
notice; decision.
(a)
Public hearing. The approval authority shall,
with the agreement of the lead agency, hold the public hearing on
the final plat jointly with the lead agency's hearing on the draft
environmental impact statement. Failing such agreement, the approval
authority shall hold the public hearing on the final plat within 62
days after the receipt of a complete final plat by the approval authority.
(b)
Public hearing, notice, length. The hearing
on the final plat shall be advertised at least once in a newspaper
in general circulation in the Village at least five days before such
hearing if held independently of the hearings on the draft environmental
impact statement or 14 days before a hearing held jointly therewith.
The applicant shall also be required to post a sign in accordance
with § 219-20E(2)(b). The hearing on the final plat shall
be closed upon motion of the approval authority within 120 days after
it has been opened.
(c)
Decision. The approval authority shall, by resolution,
conditionally approve, with or without modification, disapprove, or
grant final approval and authorize the signing of such plat within
62 days after the closing of the public hearing on such final plat.
The grounds for a modification, if any, or the grounds for disapproval
shall be stated upon the records of the approval authority.
(d)
Filing of decision on final plat. Within five
business days from the date of the adoption of the resolution approving
the final plat, a duly authorized representative of the approval authority
shall cause a copy of such resolution to be filed in the office of
the Village Clerk.
F.
Extension of time. Notwithstanding the foregoing provisions
of the above subsection, the time in which the approval authority
must take action on such plat may be extended by mutual consent of
the owner/applicant and the approval authority.
G.
Default approval of final plat. The time periods prescribed herein within which the approval authority must take action on a final plat are specifically intended, according to the Village Law, to provide the approval authority and the public adequate time for review and to minimize delays in the processing of subdivision applications. Such periods may be extended only by mutual consent of the owner or the applicant and the approval authority. In the event the approval authority fails to take action on a final plat within the time prescribed therefor, or within such extended period as may have been established by the mutual consent of the owner or the applicant and the approval authority, such final plat shall be deemed granted approval. In such event, the certificate of the Village Clerk as to the date of submission of the final plat and the failure of the approval authority to take action within the prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required. Notwithstanding any provision of Chapter 219 and § 7-728 of the Village Law to the contrary, the applicant shall be deemed to have consented to extensions of time during all stages of submission and review of a final plat unless the applicant shall advise in writing or unequivocally state on the record at a regular meeting of the approval authority that no such consent is given. The approval authority shall have 62 days to act after receipt of such non-consent advice, provided the application is complete or action on the plat is otherwise required by law. This provision shall supersede inconsistent provisions of § 7-728(6)(b),(c),(e) and (f) of the Village Law pursuant to the supersession authority of § 10(1)(ii)(e)(3) of the Municipal Home Rule Law.
H.
Approval of plat in sections. To ensure the orderly
development of the plat, in granting conditional or final approval
of a plat in final form, the approval authority may permit the plat
to be subdivided and developed in two or more sections and may, in
its resolution granting conditional or final approval, state that
such requirements as it deems necessary be completed before said sections
may be signed by the duly authorized officer of the approval authority.
Conditional or final approval of the sections of a final plat may
be granted concurrently with conditional or final approval of the
entire plat, subject to any requirements imposed by the approval authority.
I.
Approval and certification of final plats. Within
five business days of the adoption of the resolution granting conditional
or final approval of the final plat, such plat shall be certified
by the duly authorized representative of the approval authority as
having been granted conditional or final approval, and a copy of such
resolution and plat shall be filed in such Clerk's office. A copy
of the resolution shall he mailed to the owner. In the case of a conditionally
approved plat, such resolution shall include a statement of the requirement
that the plat shall be signed by a duly authorized representative
of the approval authority, and a copy of such signed plat shall be
filed in the office of the Village Clerk. Conditional approval of
a final plat shall expire 180 days after the date of the adoption
of the resolution granting conditional approval unless such requirements
have been certified as completed. The approval authority may extend
the time in which a conditionally approved plat in final form must
be submitted for signature if it deems such extension to be warranted
by the particular circumstances, not to exceed two additional periods
of 90 days each.
J.
Approval of construction plans. The construction plans,
revised as necessary to meet the requirements of the approval authority's
resolution, shall be endorsed by a duly authorized representative
of the approval authority as "approved" prior to the signing of the
plat or the beginning of any construction work within the proposed
subdivision.
K.
Final approval of subdivision plat. A duly authorized
member of the approval authority shall endorse the authority's final
approval on the plat only after all required improvements have been
completed in accordance with the approval authority's approval of
the plat and construction plans or, alternatively, after a bond of
the required amount and surety has been filed and after all other
required conditions of the resolution of approval, including the payment
of all fees, have been met. The performance bond shall be subject
to approval by the approval authority and the Village Attorney as
to form, sufficiency, and manner of execution. The final subdivision
or resubdivision plat shall include the following designation and
legend, which shall appear on the plat: "This Subdivision Plat is
subject to all requirements and conditions set forth in the final
subdivision resolution of the approval authority dated _______." Said
endorsement shall be by signature and date on the original of the
plat (which shall be returned to the applicant for filing) and on
a print of the plat (which shall be retained in the record filed in
the Village Office).
L.
Filing plat with County Clerk. The approved plat shall
be filed with the Westchester County Clerk, Division of Land Records,
within 62 days of the date of the approval authority's signing. The
approval of any plat not so filed shall expire 62 days from the date
of signing. The approval authority may extend such sixty-two-day period,
as provided in § 7-728 of the Village Law, upon written
request by the applicant.
M.
Submission of copies of filed plat. The applicant
shall submit five copies of the final plat, showing the endorsement
of the County Clerk, to the Building Inspector within 30 days of the
date of filing.
