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.
[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.