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 or her duly
authorized agent shall proceed to secure approval of the proposed
subdivision in accordance with the following steps:
A. Initial conference and review (recommended but not
required.
B. Preparation of preliminary plat.
C. Preparation of final plat.
This step is recommended for the benefit of
the applicant, but it is not required. If followed, 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
Commission meeting, of his or her desire to be placed on the agenda
for an initial conference. At such conference, he or she shall present
a sketch layout of the proposed subdivision. It shall include a site
location sketch (at a scale of one inch equals 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, recreation areas and the proposed concept for providing
utility service. 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 equals 100 feet. It shall be submitted
in four copies.
B. Field trip. After the initial conference, the Planning
Commission may schedule a field trip to the proposed subdivision site.
The applicant or his or her 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 Commission recommendations. At or subsequent
to the field trip, the Planning Commission shall advise the applicant
or his or her representative of the additions and modifications, if
any, which should be made if an application for subdivision approval
is to be submitted.
[Amended 5-23-1994 by L.L. No. 12-1994; 2-19-2004 by L.L. No. 2-2004]
A. Prior to requesting approval of a proposed final subdivision plat, the applicant shall file an application for approval of a preliminary plat, in duplicate, on forms available from the Building Inspector (see
Appendix B). Such application shall be filed with the Building Inspector
at least two weeks prior to the regular Planning Commission meeting
at which it will be considered and shall:
(1) Be accompanied by a preliminary plat application fee,
as set forth by resolution of the Village Board of Trustees in the
Master Fee Schedule, which may be amended from time to time.
(2) Comply with all requirements of these regulations and Chapter
185, Zoning.
(3) Be accompanied by 10 copies each of the preliminary plat, including all contiguous land of the applicant, and preliminary construction plans, showing all items listed in Section A-1 and A-2 of
Appendix A, Specifications for Plats and Plans, of these regulations.
(4) Be accompanied by a completed environmental assessment
form or draft environmental impact statement.
(5) Be accompanied by a list of the names and addresses of each of the owners of property adjoining the subdivision, which list shall be used by the applicant to provide notice of the public hearing on the preliminary plat as provided in Subsection
C(1) below.
B. Field trip. The Planning Commission may schedule a field inspection of the proposed subdivision, as described in §
159-11B.
C. Public hearing.
(1) Within 62 days after the receipt of a completed plat
application and all accompanying material by the Building Inspector,
the Planning Commission shall hold a public hearing on said application.
The Building Inspector shall submit a notice of said hearing to the
official Village newspaper for publication in said newspaper at least
five days before such hearing; provided, however, that notice of said
hearing shall be published at least 14 days before such hearing where
the hearing on the preliminary plat is held jointly with the hearing
on a draft environmental impact statement. The applicant shall also
mail copies of the notice of public hearing to all adjoining property
owners at least five days prior to the public hearing. A copy of the
proposed preliminary plat shall be maintained on file in the Village
Hall, available for public inspection during normal business hours
for the five-day period immediately preceding the hearing.
(2) Consistent with the provisions of § 7-728
of the Village Law, the time within which the Planning Commission
shall hold a public hearing on the preliminary plat shall be coordinated
with any hearings the Planning Commission may schedule pursuant to
the State Environmental Quality Review Act. The hearing on the preliminary
plat shall be closed upon motion of the Planning Commission within
120 days after it has been opened.
D. Action on preliminary plat application. Within 62
days after the date of the close of such hearing, the Planning Commission
shall approve, with or without modification, or disapprove the preliminary
plat application by resolution, which shall set forth any conditions
to which the approval is subject or the reasons for disapproval pursuant
to § 7-728 of the Village Law. However, consistent with
the provisions of § 7-728 of the Village Law, if the Planning
Commission determines that an environmental impact statement is required,
no decision shall be made on the preliminary plat application until
the filing of the final environmental impact statement and the issuance
of findings by the Planning Commission. Within five business days
of the adoption of the resolution granting approval of such preliminary
plat, such plat shall be so certified by the Building Inspector, and
a copy of the plat and resolution shall be filed in the Building Inspector's
office and a copy of the resolution mailed to the owner. Within five
business days from the date of adoption of the Planning Commission's
resolution stating the decision of the Commission on the preliminary
plat, a copy of the resolution shall be filed in the office of the
Village Clerk.
E. Expiration of approval. Approval of a preliminary
plat application may be revoked if the owner has not submitted a proposed
plan in final form within six months of the date of approval of the
preliminary plat.
F. Time extensions. The time periods set forth in Subsections
C and
D may be extended by mutual consent of the applicant and the Planning Commission.
G. Referral to Westchester County Planning Board and
neighboring municipalities. At least 10 days prior to the holding
of a public hearing, the Planning Commission shall refer any matter
involving any of the areas specified in §§ 277.61 and
227.71 of the Westchester County Administrative Code or § 239-m
or 239-n of the General Municipal Law to the Westchester County Planning
Board and/or neighboring municipalities, pursuant to the provisions
of such sections.
H. Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter
153 of this Code shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in §
153-7 of this Code. The approved preliminary subdivision plat shall be consistent with the provisions of this Code.
[Added 1-14-2008 by L.L. No. 2-2008]
[Amended 5-23-1994 by L.L. No. 12-1994; 2-19-2004 by L.L. No. 2-2004]
Application for final subdivision plat approval shall be filed with the Building Inspector. Such application shall comply with the modifications, if any, required by the Planning Commission at the time of preliminary plat approval and shall be submitted in duplicate on forms available from the Building Inspector (see
Appendix B).
A. Items to accompany application. Application for final
plat approval shall be accompanied by the following:
(1) Ten copies each of a final subdivision plat and final construction plans conforming to all requirements of §§ A-3 and A-4 of
Appendix A, Specifications for Plats and Plans, as well as all conditions, if any, of preliminary plat
approval.
(2) A final plat application fee as set forth by resolution
of the Village Board of Trustees in the Master Fee Schedule, which
may be amended from time to time.
(3) Proof of ownership by the applicant of the premises
affected by the application and certificate of 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, a statement from the
applicant's engineer giving the estimated cost of construction, together
with the quantities and unit costs used in making the estimate.
(5) An engineering inspection fee as set forth in §
159-15C.
(6) A fee covering the costs to the Village for consulting services required for the professional review of the proposed subdivision in accordance with Chapter
91, Fees, Article
III, Professional Consultant Fees.
(7) Where streets or park areas are included within the
proposed subdivision, a formal offer of cession to the Village of
all such streets and park areas, in 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) In an appropriate case, where there is no park area
shown on the proposed plat, a cash payment in lieu of reservation
fee, as set forth in the Master Fee Schedule, which may be amended
from time to time.
(9) A written agreement, in 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 Planning Commission
to grant in his or her specific case, with the reasons therefor.
B. Public hearing. Within 62 days of the official submission
date of the final subdivision application and all accompanying material,
in a form satisfactory to the Planning Commission, a public hearing
shall be held by the Planning Commission; provided, however, that,
consistent with § 7-728 of the Village Law, the time within
which the Planning Commission shall hold a public hearing on such
final plat shall be coordinated with any hearings the Planning Commission
may schedule pursuant to the State Environmental Quality Review Act.
If the Planning Commission deems the final plat to be in substantial
agreement with the approved preliminary plat, the Commission may waive
the requirement for such a public hearing. Where a hearing is to be
held, the Building Inspector shall submit a notice of said hearing
to the official Village newspaper for publication in said newspaper
at least five days before such hearing; provided, however, that notice
of said hearing shall be published at least 14 days before such hearing
where the hearing on the final plat is held jointly with the hearing
on an environmental impact statement. A copy of the proposed plat
and construction plans shall be maintained on file in the Village
Hall, available for public inspection during normal business hours
for the five-day period immediately preceding the hearing.
C. Action by Planning Commission. Within 62 days after
the close of the public hearing or within 62 days of the official
submission date of the final application when a hearing is waived,
the Planning Commission shall, by resolution, conditionally approve,
with or without modification, or disapprove or grant final approval
and authorize the signing of the plat. However, consistent with § 7-728
of the Village Law, if the Planning Commission determines that an
environmental impact statement is required, no decision shall be made
on the final plat until the filing of the final environmental impact
statement and the issuance of findings by the Planning Commission.
The time in which the Planning Commission must take action may be
extended by mutual consent of the applicant and the Planning Commission.
Within five business days from the date of the adoption of the resolution
stating the decision of the Planning Commission on the final plat,
a copy of such resolution shall be filed in the office of the Village
Clerk. Within five business days of the adoption of a resolution granting
conditional or final approval of the final plat, the plat shall be
certified by the Building Inspector as conditionally or finally approved,
and one copy shall be filed in the Planning Commission office. A copy
of the resolution shall be mailed to the owner. In the case of a conditionally
approved plat, such resolution shall include a statement of the requirements
which, when completed, will authorize the signing of the conditionally
approved final plat. Conditional approval of a final plat shall expire
within 180 days after the date of the resolution granting conditional
approval, unless such requirements have been certified as completed.
Notwithstanding the foregoing, the Planning Commission 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.
D. Authorization for filing plat by sections. Prior to
granting its approval, the Planning Commission may permit the plat
to be subdivided into two or more sections and may impose such conditions
upon the delineation and filing of the sections as it may deem necessary
to assure the orderly development of the plat. Approval of the sections,
subject to any conditions imposed by the Commission, shall be granted
concurrently with approval of the plat. If the owner files only a
section of an approved plat within 30 days of the date of approval,
such section shall encompass at least 10% of the total number of lots
contained in the approved plat. Within 30 days of the filing of a
section of an approved plat with the County Clerk, the owner shall
file the entire approved plat with the Pleasantville Village Clerk.
The Planning Commission may deny approval of any subsequent section
if a prior approved section has not first been satisfactorily completed.
E. Action by applicant. Based upon the Planning Commission
resolution, the applicant shall have the final subdivision plat and
construction plans revised, if necessary, in accordance with said
resolution and submit 10 copies of such revised maps to the Building
Inspector. Any performance bond which is to be posted shall be submitted
to the Village Attorney. The Village Attorney shall be responsible
for determining and certifying to the Planning Commission whether
or not the surety, form, sufficiency and manner of execution of the
bond is acceptable to and has been approved by the Village Board of
Trustees.
F. Approval of construction plans. The construction plans,
revised as necessary to meet the requirements of the Planning Commission
resolution, shall be endorsed by the Planning Commission Chairman
or other duly authorized member of the Planning Commission as approved
prior to the signing of the plat or the beginning of any construction
work within the proposed subdivision.
G. Final approval of subdivision plat. The Chairperson
or other duly authorized member of the Planning Commission shall endorse
the Commission's final approval on the plat only after all required
improvements have been completed in accordance with the Planning Commission'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 complied with. 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 files of the Planning
Commission).
H. Filing plat with County Clerk. The signature of the
Chairman or other duly authorized member of the Planning Commission
constituting final approval by the Planning Commission of a subdivision
plat shall expire within 62 days from the date of such approval, unless
within such sixty-two-day period such plat or section thereof shall
have been duly filed or recorded in the office of the Westchester
County Clerk, Division of Land Records.
I. 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.
J. Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter
153 of this Code and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in §
153-7 of this Code. The approved final subdivision plat shall be consistent with the provisions of this Code.
[Added 1-14-2008 by L.L. No. 2-2008]