Whenever any subdivision, platting or replatting
of land is proposed to be made and before any offer to sell any part
thereof is made and before any permit for the erection of a structure
in such proposed subdivision shall be granted, the subdividing owner
or his duly authorized agent shall apply for approval of such proposed
subdivision, platting or replatting in accordance with the procedure
set forth in this chapter. No person shall sell or otherwise convey
any plot or parcel of real property unless the plot or parcel to be
conveyed constitutes either (1) a separate lot as shown on a subdivision
plat which has been duly filed in the office of the clerk of the County
of Westchester, or (2) a parcel to be added to an existing lot in
accordance with a subdivision plat which has been duly filed in the
office of the Clerk of the County of Westchester. Any purported conveyance
made in violation of this provision shall be void and of no effect.
A.
Application for conditional approval of the preliminary layout. In order to secure adequate review of the proposed general arrangement of streets and lots before expense is incurred for detailed calculations, for the grading of land or for the construction of streets, prior to the filing of an application for the approval of a subdivision plat, the subdivider may file an application for the consideration of a preliminary layout of the proposed subdivision in the form prescribed in Article IV hereof, together with improvement plans and other supplementary material as specified in said Article and in accordance with the general requirements and design standards specified in Article III. The preliminary layout shall in all respects comply with the requirements as set forth in said Article IV hereof and with the provisions of § 7-728 of the Village Law, except where a variance may be specifically authorized by the Planning Board, as provided in Article VII hereof. The application shall be accompanied by the fee for approval of a subdivision plat set forth in Chapter A112 of this Code.
[Amended 5-22-89 by L.L. No. 5-1989]
B.
Conceptual review.
[Amended 5-22-1989 by L.L. No. 5-1989; 6-4-1990 by L.L. No.
7-1990]
(1)
Prior to submitting an application for conditional approval of a preliminary layout, the applicant may request the Planning Board to conduct a conceptual review of the proposed subdivision. The request for such review shall be accompanied by the fee therefor set forth in Chapter A112 of this Code.
(2)
The Building Inspector and Village Engineer shall
review the proposed preliminary layout to ensure that each proposed
lot complies with the requirements of the Village Code. The Building
Inspector shall present the proposed preliminary layout to the Planning
Board only after he is satisfied that the proposed plat does so comply
with the Village Code. The application shall be deemed submitted to
the Planning Board upon its presentation to the Board by the Building
Inspector at a regular meeting. In the event that the Village Code
is amended during the pendency of the application in any respect which
may apply to the proposed preliminary layout, the Planning Board shall
suspend its review of the application and take no action with respect
thereto until the Building Inspector has reviewed the proposed preliminary
layout for compliance with the Village Code as amended. If the Building
Inspector determines that the lots or any lot proposed on the preliminary
layout does not comply with the Village Code as amended, the Building
Inspector shall so report to the Planning Board, which shall thereupon
deny the application for approval of the preliminary layout.
C.
Number of copies. To allow the Board ample time to
study the submission and thus to expedite the procedure, three copies
of the preliminary layout shall be presented to the Secretary of the
Planning Board at least two weeks in advance of a regular meeting
of the Board.
D.
Applicant to attend Planning Board meeting. The applicant,
or his duly authorized representative, should then be prepared to
attend the next regular meeting of the Planning Board to discuss the
preliminary layout. Failing his presence, the Board may defer consideration
of the submission to the next regular meeting.
E.
Study of layout. The Planning Board will carefully
study the practicability of the preliminary layout, taking into consideration
the requirements of the community and the best use of the land being
subdivided. Particular attention will be given to the arrangement,
location and width of streets, their relation to the topography of
the land, sewage disposal, drainage, lot sizes and arrangement, the
future development of adjoining lands as yet unsubdivided and the
requirements of the Village Plan and the Official Map. If, in the
opinion of the Board, the character of the subdivision (by reason
of size, design or other factors) so warrants, it may hold a public
hearing on the preliminary layout.
F.
Review of preliminary layout. Following review of
the preliminary layout, the Board shall inform the subdivider of any
changes which it may require and shall list the requirements, if any,
which the Board may waive.
G.
Superseding § 7-728 of the Village Law insofar
as it imposes a limitation upon the time within which the Planning
Board must take action to conditionally approve, with or without modification,
or disapprove a preliminary subdivision plat and anything to the contrary
contained therein notwithstanding, the Planning Board shall take action
to conditionally approve, with or without modification, or disapprove
a preliminary subdivision plat within six months of its submission
or any public hearing held thereon, whichever shall be later, and
shall not be required to act sooner. In the event that the Planning
Board fails to so act within such period, the applicant may demand
that the Planning Board act, and, if the Planning Board fails to do
so within 30 days of such demand, the preliminary plat shall be deemed
to be conditionally approved and the applicant shall be entitled to
a certificate from the Village Clerk so stating.
[Added 10-17-1988 by L.L. No. 4-1988]
A.
Application for approval of subdivision plat. Whether or not the applicant has submitted a preliminary layout, he may file with the Planning Board an application for approval of a subdivision plat. Such plat may include all or part of the proposed subdivision as shown on the preliminary layout. Such application shall be filed on an application blank available from the Planning Board Secretary. (In other words, the subdivider may develop the subdivision in progressive stages instead of in its entirety.) But no subdivision or portion thereof shall be considered unless it has access to at least one street on the Official Map, which street shall be improved to the satisfaction of the Planning Board, or an approved street for which a bond has been filed under § 94-8A below. The application shall be accompanied by the fee for approval of a subdivision plat set forth in Chapter A112 of this Code. The applicant shall be entitled to a credit against such fee in the amount of any application fee paid pursuant to § 94-6A hereof, provided that the application for subdivision plat approval is made within six months of the conditional approval of the preliminary layout.
[Amended 5-22-1989 by L.L. No. 5-1989]
B.
Number of copies. Applicants intending to submit proposed
subdivision plats for the approval of the Planning Board shall provide
the Secretary of the Board with a copy of the application and required
surveys, plans and data, one original, at least one duplicate tracing
and three prints thereof, at least two weeks in advance of the meeting
at which it is to be submitted.
C.
When officially submitted.
[Amended 6-4-1990 by L.L. No. 7-1990]
(1)
The subdivision plat shall be considered officially submitted only when all the required surveys, plans and data described in Article IV hereof are provided with the application at a regular meeting of the Planning Board.
(2)
The Building Inspector and Village Engineer shall
review the proposed subdivision plat to ensure that each proposed
lot complies with the requirements of the Village Code. The Building
Inspector shall present the proposed subdivision plat to the Planning
Board only after he is satisfied that the proposed lots do so comply.
In the event that the Village Code is amended during the pendency
of the application in any respect which may apply to the proposed
subdivision plat, the Planning Board shall suspend its review of the
application and take no action with respect thereto until the Building
Inspector has reviewed the proposed subdivision plat for compliance
with the Village Code as amended. If the Building Inspector determines
that the lots or any lot proposed on the proposed subdivision plat
does not comply with the Village Code as amended, the Building Inspector
shall so report to the Planning Board, which shall thereupon deny
the application for approval of the proposed subdivision plat.
D.
Endorsement of County Health Department. The proposed
subdivision plat shall be properly endorsed and approved by the County
Health Department. Such endorsement and approval shall be secured
by the subdivider before any public hearing is scheduled.
E.
Public hearing. The Planning Board shall not act on
any subdivision plat without first holding a public hearing thereon
in accordance with § 7-728 of the Village Law. Notice of
this hearing, including the substance of the application, shall be
given by publication in the official newspaper of the Village at least
15 days before the date of such hearing. In addition to such published
notice, the applicant shall cause such notice to be mailed at least
10 days before the hearing to all owners of property which lie within
300 feet of the property for which approval is sought and to such
other owners and by such other means of notification as the Planning
Board may deem advisable.
[Amended 12-28-2009 by L.L. No. 7-2009]
F.
Superseding § 7-728 of the Village Law insofar as it imposes a limitation upon the time within which to approve, modify and approve or disapprove a subdivision plat in final form and anything to the contrary contained therein notwithstanding, the Planning Board shall approve, modify and approve, or disapprove a subdivision plat in final form within six months of its submission or any public hearing held thereon, whichever shall be later, and shall not be required to act sooner. In the event that the Planning Board fails to so act within such period, the applicant may demand that the Planning Board act, and, if the Planning Board fails to do so within 30 days of such demand, the plat shall be deemed approved and the applicant shall be entitled to a certificate from the Village Clerk so stating. No approval, whether by action of the Planning Board or certificate of the Village Clerk, shall be deemed final, and the subdivision plat shall not be signed by the authorized officers for recording until the subdivider has complied with the provisions of § 94-8 of this Article.
[Amended 10-17-88 by L.L. No. 4-1988]
[Added 8-3-1992 by L.L. No. 4-1992]
In order to ensure that the cost to the Village of any engineering, planning, legal or other expert consultations required in connection with the review of any application for preliminary or final approval of a subdivision plat shall be borne by the applicant, the applicant shall, upon the submission of an application pursuant to § 94-6 of this chapter, deposit with the Treasurer of the Village/Town of Mount Kisco a sum in the amount set forth in § A112-94B of this Code; provided, however, that upon a resolution of the Planning Board, adopted by a vote of not less than 2/3 of the membership of such Board, finding that a deposit in a lesser amount will be sufficient to satisfy the anticipated cost of reviewing the application, the applicant may satisfy its obligation under this section to make an initial deposit by depositing such lesser amount. The Planning Board shall not consider any application for which a deposit is required under this section until the Treasurer has certified that the required deposit has been made. The sum deposited shall be held by the Treasurer in a separate trust and agency account for the benefit of the applicant and will be disbursed by the Treasurer for the payment of such engineering, planning, legal or other expert consultations as are required by the Board of Trustees, Planning Board or Village Manager for the review of the application for preliminary or final approval of a subdivision plat, or other application related thereto, in accordance with the usual requirements of the Village for the payment of bills. In the event that, prior to the completion of the review of the application, the sum deposited is depleted to the amount set forth in Column B of § A112-94B, the applicant shall deposit an additional amount as set forth in Column C of § A112-94B. Review of the application shall be suspended until the applicant makes the additional required deposit. After the final action of the Planning Board with respect to the application for approval of a final subdivision plat, and upon payment of all of the fees for the reviews contemplated herein, the balance remaining in the trust and agency account shall be returned to the applicant. The requirements of this section shall be strictly enforced by the Planning Board and the Building Inspector, and no certificate of occupancy shall be granted until all of the fees required to be paid pursuant to this section have been paid.
A.
Improvements and performance bond. Following approval of the subdivision plat by the Planning Board, the subdivider shall follow the procedure set forth in either Subsection A(1) or (2) below:
(1)
The subdivider shall file with the Village Clerk a performance bond to cover the full cost of the required improvements, in an amount set by the Village Engineer. Such bond shall comply with the requirements of § 7-728 of the Village Law and shall be satisfactory to the Village Attorney as to form, sufficiency, manner of execution and surety. The bond shall provide that an amount, to be determined by the Village Engineer to be adequate, shall be retained for a period of one year from the date of completion of the required improvements to assure the satisfactory condition of the initial improvements. If the bond is not filed within 45 days of the approval granted in § 94-7F above, the plat shall be deemed disapproved. All required improvements shall be completed to the satisfaction of the Village Engineer within four months after the date of initial title transfer with respect to any lot or dwelling fronting on a street shown on the subdivision plat; failing which, the Board of Trustees may order such improvements to be installed and charge the expense thereof to the subdivider. In the case of exceptionally large subdivisions or where other circumstances require, the Planning Board may grant a reasonable extension of time beyond said four-month period or, alternately, may approve the completion of only a portion of the required improvements within the period specified. The bond shall be released only upon certification by the Village Engineer that all the required improvements have been completed to his satisfaction.
(2)
The subdivider shall complete all required improvements to the satisfaction of the Village Engineer before any building permits will be issued. If such improvements are not completed within one year of the approval granted in § 94-7F above, the plat shall be deemed disapproved. The subdivider shall file with the Village Clerk a bond in an amount determined by the Village Engineer to be adequate to assure the satisfactory condition of the initial improvements for a period of one year following their completion. Such bond shall be satisfactory to the Village Attorney as to form, sufficiency, manner of execution and surety.
B.
Inspection of improvements. The Village will employ
inspectors to assure that all Village specifications and requirements
shall be met during the construction of required improvements and
to assure the satisfactory completion of improvements and utilities
required by the Planning Board.
(1)
If the applicant elects to install such improvements
before the final approval of the plat, he shall do so at his own risk.
If notified in writing of his intentions so to proceed, the Board
of Trustees will assign an inspector; however, approval of improvements
by such inspector shall not bind the Planning Board to approve any
plat submitted subsequently. In such case, the applicant shall pay
the Village, prior to approval of this procedure, an amount equal
to 1 1/2% of the cost of the proposed improvements, as estimated
by the Village Engineer, to cover the cost of the inspection.
(2)
If a bond is to be given to assure completion of such
improvements, the Board of Trustees will assign an inspector to assure
such satisfactory completion. The developer shall pay the Village
an amount equal to 1 1/2% of the amount of the bond to cover
the cost of such inspection. The developer or his duly authorized
English-speaking representative shall be present at any time any road
or utility work is in progress.
C.
Utilities required. As to utilities required by the
Planning Board, the Board may accept assurance, in writing, from each
public utility company whose facilities are proposed to be installed,
addressed to the Board and stating that such public utility company
will make the installations necessary for the furnishing of its services,
in accordance with the subdivision plat, within the time therein specified
and satisfactory to the Board.
D.
Easements and other releases. The subdivision plat
shall be endorsed with the necessary agreements in connection with
required easements or other releases.
E.
Proper installation of improvements. If the Planning
Board, or its agent, shall find, upon inspection, that any of the
required improvements have not been constructed in accordance with
the plans and specifications filed by the subdivider, the subdivider
and the bonding company will be severally and jointly liable for the
costs of completing said improvements according to specifications.
No plat which may be an extension, part or section of a previously
recorded plat, or no new plat, regardless of location, shall be approved
by the Board if the subdivider has not fully complied with the construction
of all of the required improvements in a previously recorded plat
submitted by him for approval. As a condition for the approval of
such plat, the Board shall require that the conditions of the former
agreement be met by the subdivider before the Board shall take action
on the plat.
A.
Approval and filing. Upon completion of the above
requirements and notation to that effect upon the subdivision plat,
it shall be deemed to have final approval, shall be properly signed
by the Chairman and Secretary of the Board (or, in their absence,
by the Acting Chairman and Acting Secretary) and shall be filed by
the applicant in the office of the County Clerk. Any subdivision plat
not so filed or recorded within 90 days of the date upon which such
plat is approved, or considered approved by reason of the failure
of the Board to act, shall become null and void as provided in § 7-728
of the Village Law.
B.
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made in any subdivision plat after
approval has been given by the Board and endorsed, in writing, on
the plat, unless said plat is first resubmitted to the Board. In the
event that any such subdivision plat is recorded without complying
with this requirement, the same shall be considered null and void
and the Board shall institute proceedings to have the plat stricken
from the records of the County Clerk.
A.
Public acceptance of streets. The approval by the
Planning Board of a subdivision plat shall not be deemed to constitute
or be evidence of an acceptance by the Village of any street shown
on such subdivision plat.
B.
Ownership and maintenance of park and playground area.
When a park and playground area shall have been required on a plat,
the approval of said plat shall not constitute an acceptance by the
Village of such area. The Planning Board may require the plat to be
endorsed with appropriate notes to this effect. The Planning Board
may also require the filing of a written agreement between the applicant
and the Board of Trustees, covering future title, dedication and provision
for the cost of grading, development, equipment and maintenance of
any park or playground area.
