A.
Whenever any subdivision or resubdivision of land is proposed, the subdividing owner or his agent, duly authorized in writing, shall proceed to secure approval of the proposed subdivision in accordance with the following steps:
[Amended 1-24-1973; 9-23-1981; 12-21-1983; 7-10-1985; 1-18-1996 by L.L. No. 2-1996]
A.
Prior to preparation of proposals.
(1)
Before preparing a subdivision proposal, an applicant should become familiar with the regulations, standards and requirements contained in Chapter 150, Subdivision of Land; Chapter 170, Zoning; Chapter 167, Wetlands Protection; and Chapter 148, Steep Slopes Protection, of the Code of the Town of Somers and other town ordinances that relate to the use and development of land and natural resources.
(2)
An applicant should review the Town of Somers Town Comprehensive Master Plan to determine what recommendations have been suggested for the subject property and to develop an understanding of the planning goals, objectives and policies of the town. Discussions may be held with Town of Somers Department of Planning and Engineering staff or authorized consultants to the Planning Board.
(3)
All applicants should be aware that review and action on proposed subdivisions require that a comprehensive description of a site's physical features be made available as part of the application process. The sooner an applicant has a complete technical presentation of physical features and constraints, the sooner an understanding of the site's development opportunities and limitations will be achieved.
(4)
A purpose of the subdivision application procedure as set forth in this Article is promotion of efficient use of time at Board meetings by providing opportunities for informed discussion focused on items of importance and disagreement.
B.
Application for sketch plan review. Submission of an application for sketch plan review is recommended to permit Planning Board consideration of a subdivision proposal prior to investment in the detailed plan preparation required as part of applications for approval. A new sketch application is required for each submission of plans to the Planning Board. The following application materials are required:
(1)
One completed sketch plan review application form and supporting documentation as set forth in the application packet.
(2)
Fourteen copies of the sketch plan or plans (seven of the 14 copies may be reduced prints).
(3)
Sketch plan review fee in accordance with a fee schedule adopted by the Town Board.
(4)
Affidavit from the Town Receiver of Taxes that all taxes due on the subject property have been paid.
C.
Scheduling of review.
(1)
Following review by the Planning Board's professional staff, the application will be scheduled to be considered at the first available opening on the Planning Board's work session calendar. Except when specifically authorized by the Chairman, an application shall not be considered by the Planning Board less than 31 days after the date of receipt by the Planning Board's professional staff of all required materials.
(2)
The applicant or his duly authorized representative shall be present at the Planning Board meeting to present the sketch plan and to discuss the proposed subdivision layout with the Board. The Planning Board's professional staff and other town agencies and staff shall be provided an opportunity to present comments and recommendations. At the discretion of the Chairman, comments from the public may be entertained.
D.
Field review.
(1)
As a result of the Planning Board meeting discussion, the Board may schedule a field trip to the proposed subdivision site.
E.
Planning Board recommendation. The Planning Board shall advise the applicant of changes, additions or modifications that should be made in the subdivision concept shown on the sketch plan. The Board shall advise the applicant of subjects requiring more study or information. The Board shall also advise the applicant to proceed to the preliminary subdivision plat review stage, when appropriate.
F.
Revised sketch plan review. When the Planning Board recommendation calls for substantial changes to be made in the sketch plan proposal or identifies a need for submission of additional information so as to allow for responsible review of the proposal, the Board shall encourage the applicant to prepare a revised sketch plan and to submit a new application.
A.
Preparation of preliminary subdivision plat application.
(1)
The preparation and review of a preliminary subdivision plat and preliminary construction plans, together with all supporting documentation, shall be undertaken in accordance with the procedures in this section. The proposed subdivision shall reflect thorough consideration and response to the recommendations made by the Planning Board during the sketch plan review procedure, if undertaken.
(2)
All materials and plans shall, as determined by the Planning Board's professional staff, comply in all respects with Article V of these regulations, Chapter 170, Zoning, of the Code of the Town of Somers, and §§ 276 and 277 of the Town Law, and all other applicable regulations, except where a modification may be specifically authorized by the Planning Board pursuant to applicable law or regulation or where otherwise provided by law.
(3)
The applicant shall be responsible for ensuring that the survey of property to be subdivided has been cross-checked with property deed descriptions and Town of Somers Tax Map data. Discrepancies shall be resolved prior to submitting an application for preliminary subdivision plat approval.
B.
Application for preliminary subdivision plat approval. The following application materials are required:
(1)
One completed preliminary subdivision plat application form including an affidavit of ownership or written authorization of the property owner for the application to be made.
(2)
Affidavit from the Town Receiver of Taxes that all taxes due on the subject property have been paid.
(3)
Preliminary subdivision application fee in accordance with a fee schedule adopted by the Town Board.
(4)
Fourteen copies of a completed full environmental assessment form (or 14 copies of a draft environmental impact statement) except when a completed short environmental assessment form is accepted by the Planning Board's professional staff.
(5)
Fourteen copies of each of the following maps prepared in accordance with Article V of these regulations (seven of the 14 copies may be reduced prints):
(a)
Preliminary subdivision plat.
(b)
Topographic and constraints map, showing wetlands as defined in Chapter 167 (Wetlands Protection) and steep slopes as defined in Chapter 148 (Steep Slopes Protection) of the Code of Town of Somers, as well as rock outcroppings, designated critical environmental areas and other sensitive environmental features.
(c)
Map of contiguous holdings.
(d)
Preliminary construction plans and profiles.
(6)
Stamped envelopes addressed to each of the owners of property abutting or directly across the street from the subdivision for the purpose of mailing a notice of public hearing.
(7)
A list of all waivers or adjustments of provisions of these regulations which the applicant requests the Planning Board to grant in this specific case, together with the reasons for each waiver or adjustment requested.
(8)
A stormwater pollution prevention plan (SPPP) consistent with the requirements as indicated in Chapter 93, Stormwater Management and Erosion and Sediment Control, of the Code of the Town of Somers shall be required for preliminary subdivision plat approval. The SPPP shall meet the performance and design criteria and standards as indicated in §§ 93-6 and 93-6A of the Code of the Town of Somers.
[Added 9-11-2008 by L.L. No. 8-2008]
C.
Temporary staking. When determined necessary by the Planning Board to facilitate inspection and review of the site of a proposed subdivision, temporary staking along the approximate center line of all proposed roads in the subdivision and at other locations will be required. The applicant shall provide stakes as follows, or to a lesser standard when approved by the Board:
(1)
Along the center line of each proposed road at intervals of not more than 100 feet and at all proposed intersections. Each stake shall be identified by station marking to conform to the plans as presented and shall be placed so as to extend at least 30 inches above the ground surface. Inasmuch as these stakes are not permanent, a tolerance of up to one foot from the exact position will be allowed.
(2)
A stake shall be placed at the approximate intersection of each side lot line with the street line, marked with the identifying number of each abutting lot, as shown on the preliminary subdivision plat.
(3)
All stakes referred to in this section shall be in position at a time to be determined by the Planning Board. The Planning Board will not conduct its field inspection of the property until such stakes have been positioned.
(4)
All stakes removed or destroyed prior to the approval of the subdivision plat shall be replaced by the applicant, if required by the Planning Board or its authorized representatives.
D.
Scheduling of review.
(1)
Following review by the Planning Board's professional staff, the application will be scheduled to be considered at the first available opening on the Planning Board's meeting calendar. Except when approved by the Chairman, an application shall not be considered by the Planning Board less than 31 days after the date of receipt by the Planning Board's professional staff of all required materials.
(2)
The purpose of the interval between application submission and Planning Board review is to allow time for distribution of the application materials to the Planning Board's professional staff and other town agencies and staff for their review and submission of advisory reports to the Planning Board. Said review reports shall be made available to the applicant upon submission of such reports to the Planning Board.
(3)
The applicant may prepare a written response to these reports which, if submitted to the Planning Board Secretary no later than six days in advance of the date of the scheduled meeting, shall be distributed to Board members. The response shall not include revised or amended plans; if the applicant elects to prepare revised plans and to forego discussion at a Planning Board meeting of the initial submission, the applicant shall so notify the Planning Board Secretary and then submit an amended application and revised plans for preliminary subdivision plat approval.
E.
Notification sign.
(1)
With respect to any application for preliminary subdivision plat approval, the applicant shall post a sign on the subject property at least 10 days prior to the date of the first Planning Board meeting for which the application is on the agenda.
(2)
Such sign shall be at least 30 inches in length by 20 inches in width, shall consist of sturdy and serviceable material containing a white background with black legible letters of at least two inches in height, and shall be placed in a location plainly visible from the most commonly travelled street or highway upon which the property fronts, but in no case more than 20 feet back from the front lot line. Such sign shall be at least six feet above the ground and shall read as follows:
A PROPOSED (fill in number) LOT SUBDIVISION ON THIS PROPERTY WILL BE DISCUSSED AT A PLANNING BOARD MEETING ON (fill in date) AT (fill in time) AT THE SOMERS TOWN HOUSE. FOR INFORMATION CALL (914) 277-5366. |
(3)
The applicant shall update the sign and post it at least 10 days prior to the date of each public hearing (including preliminary, final and state environmental quality review hearings). The word "meeting" shall be similarly updated to "public hearing."
(4)
At least seven days prior to the date of the meeting or hearing(s) for which the sign is posted, the applicant shall submit to the Planning Board Secretary an affidavit stating to the fact and date of the posting.
(5)
The applicant shall remove the sign within seven days after the date of the meeting or hearing for which the sign is posted.
F.
Field trip and study of preliminary subdivision plat.
(1)
The Planning Board may schedule a field trip to the site of the proposed subdivision.
(2)
The Planning Board will study the practicability of the preliminary subdivision plat, taking into consideration the best use of the lands being subdivided. Particular attention will be given to the arrangement, location and width of streets; the relation of streets and building sites to the topography of the land; drainage; lot sizes and configurations; water supply; sewage disposal; natural features of the land, including slopes, soils, wetlands and vegetation; the future development of adjoining and nearby lands; the requirements of these regulations; the recommendations of the Town Comprehensive Master Plan; the requirements of Chapter 170, Zoning, of the Code of the Town of Somers and all other applicable regulations.
G.
Lead agency and determination of significance.
(1)
In accordance with the New York State Environmental Quality Review Act (SEQRA);[1] 6 NYCRR Part 617; Chapter 92, Environmental Quality Review, of the Code of the Town of Somers; and § 276(5) of the Town Law, the Planning Board shall follow the procedures for choosing a lead agency for each subdivision application and for determining whether the proposed action may have a significant impact on the environment.
[1]
Editor's Note: See Article 8 of the Environmental Conservation Law.
(2)
If it is determined that the action will not have a significant adverse impact on the environment and a negative declaration has been filed by the lead agency, the application shall be considered complete.
(3)
If it is determined that the action may have a significant impact on the environment and a positive declaration is made, the application shall not be considered complete until a notice of completion of the draft environmental impact statement has been filed by the lead agency.
H.
Planning Board review. The applicant or his duly authorized representative shall be present at the Planning Board meeting to present the preliminary subdivision plat and to discuss the proposed subdivision layout with the Board. The Planning Board's professional staff and other town agencies and staff shall be provided an opportunity to present comments and recommendations. At the discretion of the Chairman, comments from the public may be entertained.
(1)
When the application is found to be incomplete. If an application is found by the Planning Board to be incomplete, the Planning Board shall advise the applicant of deficiencies that must be corrected. The applicant shall address the deficiencies and submit revised application materials, as necessary. Upon resubmission, the process set forth in § 150-12D shall be repeated.
I.
Scheduling of public hearing.
(1)
The Planning Board shall call a public hearing to be held within 62 days after the date of receipt by the Planning Board's professional staff of a complete application for preliminary subdivision plat approval, but not sooner than 31 days after the date of receipt so as to allow adequate time for the giving of official notice and for public and agency review.
(2)
Any public hearing to be held on a draft environmental impact statement for a proposed preliminary subdivision plat should, if practicable, be held concurrently.
(3)
The issuance of a notice of completion of the draft environmental impact statement by the lead agency commences a thirty-day public comment period. A public hearing may be scheduled on the draft environmental impact statement by the lead agency by filing a notice of hearing. Such hearing shall be scheduled not sooner than 15 days nor more than 60 days after the date of filing of the notice of completion of the draft environmental impact statement. In the event that a public hearing is scheduled, the public comment period shall end not sooner than 10 days after the date of the close of the public hearing.
(4)
In the event that concurrent hearings are held for both the draft environmental impact statement and the application for preliminary subdivision plat approval, it is contemplated that the public hearing on the draft environmental impact statement may be closed, and the SEQR review brought to a conclusion, prior to the closing of the public hearing on the application for preliminary subdivision plat approval.
J.
Public hearing notice.
(1)
Notice of a public hearing shall be submitted by the Planning Board Secretary to the official town newspaper for publication so as to appear at least five days prior to the public hearing date if no hearing is held on the draft environmental impact statement, or at least 14 days prior to the public hearing date if held concurrently on the draft environmental impact statement and the preliminary subdivision plat.
(2)
Copies of the notice of a public hearing shall be mailed by the Planning Board Secretary at least 10 days prior to the public hearing date to each owner of property abutting or directly across a street or right-of-way from the land included within the preliminary subdivision plat, and to the applicant.
(3)
A copy of the notice of a public hearing shall be mailed by the Planning Board Secretary at least 10 days prior to the public hearing date to the Clerk of any municipality where the land included within the preliminary subdivision plat is within 500 feet of such municipality.
(4)
One copy of all application materials, including forms, plats, plans and environmental reports, shall be on file in the office of the Planning Board at least 10 days prior to the public hearing date and be available for public inspection.
K.
Westchester County referral. In accordance with the applicable provisions of the New York State General Municipal Law and the Westchester County Administrative Code, certain subdivision proposals shall be referred to the Westchester County Planning Board by the Town Planning Board as part of the formal application review process, as required.
L.
Public hearing.
(1)
The applicant or his duly authorized representative shall be present at the public hearing to present the proposed preliminary subdivision plat as set forth in the application materials. At the hearing, the Planning Board shall provide an opportunity for any interested person to comment on the preliminary subdivision plat and supporting application materials.
(2)
For good cause, the Planning Board may adjourn the public hearing until a later stated date and time.
(3)
The Planning Board shall close the public hearing within 120 days after it has been opened.
M.
Planning Board action.
(1)
Within 62 days after the date of the close of any public hearing and after adoption of an SEQR findings statement when required, the Planning Board shall approve, with or without modification, or disapprove the preliminary subdivision plat application by resolution which shall set forth the grounds for each modification, if any, or the grounds for disapproval. When so approving a preliminary subdivision plat, the Planning Board shall state, in writing, any modifications it deems necessary for submission of the subdivision plat in final form.
(2)
The time in which the Planning Board must take any action, including extending the duration of the public hearing, may be extended by mutual consent of the applicant and the Planning Board. The applicant shall be deemed to have consented to an extension of time for any action by the Planning Board unless the applicant shall advise in writing or verbally state on the record at a regular Planning Board meeting that no such consent is given. The Planning Board shall have 31 days to act after the date of receipt of such non-consent advice from the applicant, provided that action on the preliminary subdivision plat would otherwise be required by law; this provision shall supersede the provisions of § 276(8) of the Town Law pursuant to the supersession authority of § 10(1)(ii)(d)(3) of the Municipal Home Rule Law.
(3)
Within five days after the date of adoption of the resolution granting approval of such preliminary subdivision plat, such plat shall be certified by the Planning Board Secretary as having been granted preliminary approval, a copy of the subdivision plat and resolution shall be filed in the Planning Board office, and a certified copy of the resolution shall be filed with the Town Clerk and mailed to the applicant and to the owner of the subject property, if different.
N.
Expiration of approval. Approval of a preliminary subdivision plat and construction plans shall expire six months after the date of approval if no application for final subdivision plat approval is submitted within such period, except where such time limit is extended by the Planning Board for good cause shown after a request for an extension is submitted by the applicant to the Planning Board. Except for extraordinary circumstance, the Planning Board will not grant extensions for a period extending beyond 24 months after the date of approval of the preliminary subdivision plat application.
A.
Preparation of final subdivision plat application.
(1)
The preparation and review of a final subdivision plat and final construction plans must be undertaken in accordance with the procedures in this section. The proposed subdivision shall be prepared in accordance with the modifications and conditions set forth in the Planning Board's resolution of preliminary plat approval.
(2)
All materials and plans shall comply in all respects with Article V of these regulations, Chapter 170, Zoning, of the Code of the Town of Somers, §§ 276 and 277 of the Town Law; and all other applicable regulations, except where a modification may be specifically authorized by the Planning Board pursuant to applicable law or regulation or where otherwise provided by law.
B.
Application for final subdivision plat approval. The following application materials are required:
(1)
One completed final subdivision application form, including an affidavit of ownership or written authorization of the property owner for the application to be made.
(2)
Affidavit from the Town Receiver of Taxes that all taxes due on the subject property have been paid.
(3)
Final subdivision application fee in accordance with a fee schedule adopted by the Town Board.
(5)
Statements from the applicant's engineer or surveyor certifying the total amount of acreage within the subdivision and the total amount of acreage within all street rights-of-way and within each separate street and right-of-way. The length of a street shall be the horizontal distance along the center line of a proposed street to the farthest point of the turnaround circle pavement. Intersections shall be counted only once.
(6)
Detailed quantity cost estimate for all improvements proposed in the subdivision with the quantities certified to by the applicant's engineer.
(7)
Formal offers of cession to the public, in a form satisfactory to the Town Attorney, of all streets, parks and easements, as set forth in substance in § 279 of the Town Law, unless the applicant has noted on the subdivision plat that no offer of dedication is to be made, in which case the applicant shall include documents providing for, and fixing responsibility for, their suitable maintenance.
(8)
Formal offers of easement to the town, in a form satisfactory to the Town Attorney, for all intersection line-of-sight areas, drainage provisions and other aspects as may be required under the provisions of these regulations.
(9)
Stamped envelopes addressed to each of the owners of property abutting or directly across the street from the subdivision for the purpose of mailing a notice of public hearing.
(10)
Evidence that the applicant, after consultation with the Town Historian, has written to the Town Board and requested approval of the name(s) of street(s), if any. Proposed street names shall conform to the standards and classifications of these regulations.
(11)
A list of all waivers or adjustments of provisions of these regulations which the applicant requests the Planning Board to grant in this specific case, together with the reasons for each waiver or adjustment requested.
(12)
A stormwater pollution prevention plan (SPPP) consistent with the requirements as indicated in Chapter 93, Stormwater Management and Erosion and Sediment Control, of the Code of the Town of Somers and with the terms of preliminary plat approval shall be required for final subdivision plat approval. The SPPP shall meet the performance and design criteria and standards as indicated in §§ 93-6 and 93-6A of the Code of the Town of Somers.
[Added 9-11-2008 by L.L. No. 8-2008]
C.
Approval by other agencies. The filing of written approval by other agencies having approval jurisdiction over aspects of the proposed subdivision shall be required as a condition of final subdivision plat approval.
D.
Scheduling of review.
(1)
The application will be scheduled to be considered at the first available opening on the Planning Board's meeting calendar. Except when approved by the Chairman, an application shall not be considered by the Planning Board less than 31 days after the date of receipt by the Planning Board's professional staff of all required materials.
(2)
The purpose of the interval between application submission and Planning Board review is to allow time for distribution of the application materials to the Planning Board's professional staff and other town agencies and staff for their review and submission of advisory reports to the Planning Board. Said review reports shall be made available to an applicant upon submission of such reports to the Planning Board.
(3)
The applicant may prepare a written response to these reports which, if submitted to the Planning Board Secretary no later than six days in advance of the date of the scheduled meeting, will be distributed to Board members. The response shall not include revised or amended plans; if the applicant elects to prepare revised plans and to forego discussion at a Planning Board meeting of the initial submission, the applicant shall so notify the Planning Board Secretary and then submit an amended application and revised plans for final subdivision plat approval.
E.
Planning Board review. The applicant or his duly authorized representative shall be present at the Planning Board meeting to present the final subdivision plat and to discuss the final submission with the Board. Town agencies, town staff and consultants to the Planning Board shall be provided an opportunity to present comments and recommendations. At the discretion of the Chairman, comments from the public may be entertained.
(1)
When the application is found to be incomplete. If an application is found by the Planning Board to be incomplete, the Planning Board shall advise the applicant of deficiencies that must be corrected. The applicant shall address the deficiencies and submit revised application materials, as necessary. Upon resubmission, the process set forth in § 150-13D shall be repeated.
F.
Scheduling of public hearing.
(1)
Except as provided for in § 150-13F(2) below, the Planning Board shall call a public hearing to be held within 62 days after the date of receipt by the Planning Board's professional staff of a complete application for final subdivision plat approval, but not sooner than 31 days after the date of receipt so as to allow adequate time for the giving of official notice and for public and agency review.
(2)
Except as provided for in § 150-13F(3) below, when the Planning Board deems the final subdivision plat to be in substantial agreement with a preliminary subdivision plat approved under the provisions of these regulations or with a resolution of the Planning Board authorizing an abbreviated approval process, and modified in accordance with the requirements of such approval or resolution if applicable, the Planning Board shall waive the requirement for such a public hearing.
(3)
In the event that an application for final subdivision plat approval is submitted more than six months after the date of approval of the application for preliminary subdivision plat, the Planning Board may, in its discretion, conduct a public hearing on the application for final subdivision plat approval, notwithstanding that the final subdivision plat is in substantial agreement with the approval preliminary subdivision plat, to assist the Planning Board in identifying pertinent new information or changes of circumstances. If such public hearing is conducted, the time period to act on the application for final subdivision plat approval shall be as set forth in § 150-13J below. This provision shall, pursuant to § 10(1)(ii)(d)(3) of the Municipal Home Rule Law, supersede the provisions of § 276 (6) (b) and § 276 (8) of the Town Law to the extent of any inconsistency.
H.
Westchester County referral. In accordance with the applicable provisions of the New York State General Municipal Law and the Westchester County Administrative Code, certain subdivision proposals shall be referred to the Westchester County Planning Board by the Town Planning Board as part of the formal application review process, as required.
I.
Public hearing.
(1)
The applicant or his duly authorized representative shall be present at the public hearing to present the proposed final subdivision plat as set forth in the application materials. At the hearing, the Planning Board shall provide an opportunity for any interested person to comment on the final subdivision plat and supporting application materials.
(2)
For good cause, the Planning Board may adjourn the public hearing until a later stated date and time.
(3)
The Planning Board shall close the public hearing within 120 days after it has been opened.
J.
Planning Board action.
(1)
Within 62 days after the date of the close of the public hearing, or within 62 days after the date of receipt of a complete application if a public hearing is not held, and after adoption of a SEQR findings statement when required, the Planning Board shall by resolution conditionally approve, with or without modification, disapprove or grant final subdivision plat approval and authorize the signing of such plat. The resolution shall set forth in detail any modifications to which the approval is subject or the grounds for disapproval.
(2)
The time in which the Planning Board must take any action, including extending the duration of the public hearing, may be extended by mutual consent of the applicant and the Planning Board. The applicant shall be deemed to have consented to an extension of time for any action by the Planning Board unless the applicant shall advise in writing or verbally state on the record at a regular Planning Board meeting that no such consent is given. The Planning Board shall have 31 days to act after the date of receipt of such non-consent advice from the applicant, provided that action on the final subdivision plat would otherwise be required by law; this provision shall supersede the provisions of § 276(8) of the Town Law pursuant to the supersession authority of § 10(1)(ii)(d)(3) of the Municipal Home Rule Law.
(3)
Within five days after the date of adoption of the resolution granting conditional or final approval of such final subdivision plat, such plat shall be certified by the Planning Board Secretary as having been granted conditional or final approval, a copy of the plat and resolution shall be filed in the Planning Board office, and a certified copy of the resolution shall be filed with the Town Clerk and mailed to the applicant and to the owner of the subject property, if different, which copy shall include a statement of such requirements which, when completed, will authorize the signing of the conditionally approved final subdivision plat. The final subdivision plat shall not be signed by the Planning Board Chairman until completion of all such requirements.
K.
Authorization for filing subdivision plat by sections. In granting conditional or final approval of a subdivision plat in final form, the Planning Board 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 to ensure the orderly development of the plat be completed before said sections may be signed by the Planning Board Chairman.
(1)
The Planning Board shall determine that the sections are logical in their extent. Each section shall encompass at least 10% of the total number of lots contained in the approved final subdivision plat.
(2)
Conditional or final approval of the sections of a final subdivision plat may be granted concurrently with conditional or final approval of the entire plat, subject to any requirements imposed by the Planning Board. The extent of each section shall be shown on the overall final subdivision plat.
(3)
No section will be approved for filing prior to another section or sections upon which it will depend for street access and traffic circulation. No section will be approved for filing if a prior section has not first been satisfactorily completed.
L.
Performance bond or other security. When a performance bond or other security is offered or required to ensure completion of all required improvements (see Article III of these regulations), the amount of such security shall be set by the Planning Board in the resolution of final subdivision plat approval. Such security shall:
(1)
Be provided pursuant to a written security agreement with the town, approved by the Town Attorney and the Town Board as to form, sufficiency and manner of execution.
(2)
Be limited to:
(a)
A performance bond issued by a bonding or surety company;
(b)
The deposit of funds in or a certificate of deposit issued by a bank or trust company located and authorized to do business in New York State;
(c)
An irrevocable letter of credit from a bank located and authorized to do business in New York State;
(d)
Obligations of the United States of America; or
(e)
Any obligations fully guaranteed as to interest and principal by the United States of America, having a market value at least equal to the full cost of such improvements.
(3)
Be delivered to the town or held in a town account at a bank or trust company.
(4)
Run for a term to be fixed by the Planning Board, but in no case for a term longer than three years; provided, however, that the term of such performance bond or security agreement may be extended by the Planning Board with consent of the parties thereto.
M.
Expiration of conditional approval. Conditional approval of a final subdivision plat and final construction plans shall expire within 180 days after the date of the resolution granting conditional approval unless all requirements of said resolution have been certified as completed by the Planning Board's professional staff. The Planning Board 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 periods of 90 days each.
[Amended 6-9-2011 by Ord. No. 2-2011]
N.
Hours of construction activity. Hours of construction activity shall be specified in the final subdivision plat approval resolution and the construction plans. No construction activity, the sound or noise from which is audible beyond the boundaries of the property on which such construction activity is located, shall start before 7:00 a.m. or extend beyond 6:00 p.m. No construction activity shall be allowed on Sundays or legal New York State holidays.
[Added 7-12-2001 by L.L. No. 8-2001]
A.
Revision of final subdivision plat. Based upon the resolution of final subdivision plat approval, the applicant shall have the final plat revised, if necessary. This may require correcting or completing the plat in final form or redrawing a new plat. In the latter case, the new final subdivision plat must be exactly the same as the conditionally approved plat except for any changes required by such resolution.
B.
Revision of final construction plans. The final construction plans and any other plans submitted in support of the application shall be revised as necessary to meet the requirements of the resolution of final subdivision plat approval.
C.
Submission of final subdivision plat and final construction plans.
(1)
The applicant shall submit to the Planning Board Secretary the final subdivision plat and three paper prints all identical in content. The plat shall be a map drawn upon tracing cloth, mylar or such other substance, with the exception of paper and sepia, as the Westchester County Clerk shall approve.
(2)
The applicant shall also submit to the Planning Board Secretary three sets of the final construction plans. The final construction plans shall be endorsed by the Town Engineer as "approved" and be in compliance with the requirements of the resolution of final subdivision plat approval and applicable regulations.
(3)
No endorsement of approval by the Planning Board shall be placed on the final subdivision plat until a review has found that all requirements of the resolution of final subdivision plat approval have been met and the plat and construction plans have been endorsed by the Town Engineer as "approved."
D.
Signing of the final subdivision plat. Signing or endorsement of the final subdivision plat shall constitute final approval of a subdivision. The plat shall be signed and dated by the officer of the Planning Board authorized and designated in the resolution of final subdivision plat approval at the time specified below:
(1)
When a performance bond or security is filed. The Planning Board shall endorse approval on the final subdivision plat after the security has been approved as provided in § 150-13L above and all conditions of the resolution of final subdivision plat approval have been satisfied.
(2)
When no performance bond or security is filed. The Planning Board shall endorse approval on the final subdivision plat after all conditions of the resolution of final subdivision plat approval have been satisfied and all required improvements have been satisfactorily completed.
E.
Plat void if revised after signature. No changes, erasures, modifications or revisions shall be made to any final subdivision plat after approval of the Planning Board has been endorsed on the plat. In the event that a final subdivision plat, when recorded, contains any such changes, the plat shall be null and void.
F.
Filing subdivision plat with Westchester County Clerk. In accordance with § 276(11) of the Town Law, a final subdivision plat must be filed or recorded in the office of the Westchester County Clerk, Division of Land Records, within 62 days after the date of signing by the Planning Board. The approval of any plat not so filed shall be null and void.
G.
Time for filing subdivision plat by sections. In the event that the filing of the subdivision plat by sections is authorized by the Planning Board, the first section must be filed as required in § 150-14F above, and the entire approved plat shall then be filed with the Somers Town Clerk within 30 days after the date of filing at the office of the Westchester County Clerk. The approval of the remaining sections of the subdivision plat shall expire unless said sections are filed within three years after the date of filing of the first section at the office of the Westchester County Clerk.
H.
Submission of copies of endorsed and filed subdivision plat.
(1)
After approval of the Planning Board has been endorsed on the final subdivision plat, the plat will be returned to the applicant to make seven prints for delivery to the Planning Board Secretary prior to compliance with § 150-14F above.
(2)
Within 30 days after the date on which the endorsed final subdivision plat is filed or recorded in the office of the Westchester County Clerk, the applicant shall obtain and deliver to the Planning Board Secretary two eighteen-inch by twenty-four-inch copies of the final subdivision plat as filed, showing all signatures and acknowledgements of filing. (Required copies may be obtained at the office of the Westchester County Clerk.) No building permits will be issued on any lot shown on a subdivision plat until the required copies of the plat have been delivered.
A.
Applicability. Where an applicant proposes an exchange or transfer of land with an adjoining property which does not increase the total number of lots, a change to an improvement as shown on an approved final subdivision plat or a division into two lots of one parcel of land that has frontage on an existing street improved to Town of Somers standards, the Planning Board may adjust the application procedure set forth in §§ 150-11, 150-12 and 150-13 of these regulations. Such an application shall meet the following conditions:
(1)
The exchange, transfer or subdivision of land will not create a nonconformity with the provisions of Chapter 170, Zoning, of the Code of the Town of Somers, or the necessary variance has been obtained from the Zoning Board of Appeals.
(2)
No creation or extension of streets or municipal facilities will be required.
(3)
The Planning Board finds that there is no conflict with the public interest, including possible future development or subdivision of the property, or with the intent of these regulations and the Town Comprehensive Master Plan.
B.
Determination of significance. In accordance with the New York State Environmental Quality Review Act (SEQRA); 6 NYCRR Part 617; and Chapter 92, Environmental Quality Review, of the Code of the Town of Somers, only proposed actions classified as Type II actions under SEQR and Chapter 92 of the Code of the Town of Somers may be processed under the abbreviated approval process. Such actions do not require any other determination or procedure under SEQR.
C.
Application process. Submission of an application for an abbreviated approval process shall be required in lieu of submission of sketch plan review and preliminary subdivision approval applications. Required application materials shall include:
(1)
One completed abbreviated approval process application form including an affidavit of ownership or written authorization of the property owner for the application to be made.
(2)
Affidavit from the Town Receiver of Taxes that all taxes due on the subject property have been paid.
(3)
Abbreviated approval process fee in accordance with a Fee Schedule adopted by the Town Board.
(4)
Fourteen copies of a plan or plans clearly showing the proposed subdivision (seven of the 14 copies may be reduced prints).
(5)
Stamped envelopes addressed to each of the owners of property abutting or directly across the street from the subdivision for the purpose of mailing a notice of public hearing.
D.
Scheduling of review. The application will be scheduled to be considered at the first available opening on the Planning Board's meeting calendar. Except when approved by the Chairman, an application shall not be considered by the Planning Board less than 31 days after the date of receipt by the Planning Board's professional staff of all required material.
E.
Planning Board review. The applicant or his duly authorized representative shall be present at the Planning Board meeting to present and discuss the proposal with the Board. The Planning Board's professional staff and other town agencies and staff shall be provided an opportunity to present comments and recommendations. At the discretion of the Chairman, comments from the public may be entertained.
(2)
When the application is found to be eligible but incomplete. If an applicable proposal is found by the Planning Board to be incomplete, the Planning Board shall advise the applicant of deficiencies that must be corrected. The applicant shall address the deficiencies and submit revised application materials, as necessary. Upon resubmission, the process set forth in § 150-15D shall be repeated.
(3)
When the application is found to be eligible and complete. When an application is found complete, the Planning Board shall call a public hearing to be held within 62 days after the date of receipt by the Planning Board's professional staff of a complete application for abbreviated approval process.
G.
Planning Board action.
(1)
Within 62 days after the date of the close of the public hearing, the Planning Board shall approve, with or without modification, or disapprove the abbreviated approval process application by resolution which shall set forth the grounds for each modification, if any, or the grounds for disapproval. When so approving use of the abbreviated approval process, the Planning Board shall state, in writing, any modifications it deems necessary for submission of the subdivision plat in final form as well as waivers of requirements found unnecessary due to the nature of the proposed action. If a new building lot is established by the proposal, a requirement for payment of a fee in lieu of land reservation for recreation may not be waived by the Planning Board, if a need for recreation facilities exists.
(2)
The time in which the Planning Board must take action may be extended by mutual consent of the owner of the property and the Planning Board. The applicant shall be deemed to have consented to an extension of time for action by the Planning Board unless the applicant shall advise in writing or verbally state on the record at a regular Planning Board meeting that no such consent is given. The Planning Board shall have 31 days to act after the date of receipt of such non-consent advice from the applicant, provided that action on the preliminary subdivision plat would otherwise be required by law; this provision shall supersede the provisions of § 276(8) of the Town Law pursuant to the supersession authority of § 10(1)(ii)(d)(3) of the Municipal Home Rule Law.
(3)
Within five days after the date of adoption of the resolution granting approval of such abbreviated approval process application, it shall be certified by the Planning Board Secretary as having been granted approval, a copy of the plan and resolution shall be filed in the Planning Board office, and a certified copy of the resolution shall be filed with the Town Clerk and mailed to the applicant and to the owner of the subject property, if different.
H.
Expiration of approval. Approval of an abbreviated approval process application may be revoked by the Planning Board if no application for final subdivision plat approval is submitted within six months after the date of such resolution.
I.
Application for final subdivision plat approval required. An applicant which has received Planning Board approval of the abbreviated approval process for a proposal shall be required to follow the procedures and requirements of §§ 150-13 and 150-14 of these regulations, except as may be waived by the Planning Board.