Village of Rye Brook, NY Article III Application Procedure

§ 219-10 General procedure.

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:

(1) Initial conference and review (recommended but not required).

(2) Preparation of preliminary plat.

(3) Preparation of final plat.

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.

D. Notification requirements. Any application for subdivision approval shall be subject to the notification requirements as set forth in § 250-40 of the Code.

§ 219-11 Initial conference and review.

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.

§ 219-12 Preliminary plat.

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.

(3) Be accompanied by five copies each of the preliminary plat, or such other amount as determined by the Building Department, including all contiguous land of the applicant, and preliminary construction plans, showing all items listed in §§ 219-30 and 219-31 of these regulations.

(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.

§ 219-13 Final plat.

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]

(1) Eight copies each, or such other amount as determined by the Building Department, of a final subdivision plat and final construction plans conforming to all requirements of §§ 219-32 and 219-33 of these regulations as well as all conditions, if any, of preliminary plat approval.

(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.