Whenever any subdivision of land is proposed
and before any contract for the sale of any part thereof 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:
A.
Initial conference and review (recommended but not
required).
B.
Preparation of preliminary plat.
C.
Preparation of final plat.
E.
Expedited
project review procedures applicable to applications including model
ordinance provisions affordable AFFH units.
[Added 8-9-2011 by L.L. No. 10-2011]
(1)
Preapplication
meeting. The applicant for a residential development including model
ordinance provisions affordable AFFH units shall be entitled at no
cost to attend at least one preapplication meeting at which representatives
will be in attendance from each Town agency, board, commission, consultant,
and staff expected to play a role in the review and approval of the
residential development application and construction. The purpose
of the preapplication meeting will be to expedite the residential
development application review process through:
(2)
Meeting
schedule and timeline. Town departments, agencies, authorities, boards,
commissions, councils, committees, and staff shall endeavor to honor
the proposed meeting schedule and conceptual timeline established
as an outcome of the preapplication to the greatest extent possible
during the review and approval process, subject to other requirements
of law and the demonstrated cooperation of the applicant to adhere
to same. If the approval process extends beyond one year, an applicant
for a residential development including model ordinance provisions
affordable AFFH units shall be entitled at no cost to at least one
additional meeting per year with the same departments, agencies, authorities,
boards, commissions, councils or committees to review any and all
items discussed at previous preapplication meetings.
(3)
Calendar/agenda
priority. Town departments, agencies, authorities, boards, commissions,
councils or committees with review or approval authority over applications
for residential developments shall give priority to an application
for a residential development including model ordinance provisions
affordable AFFH units by placing it first on all meeting and work
session calendars and agendas and, when feasible based on the ability
to conduct required reviews and public notice, by scheduling any adjournment
of it to the next scheduled meeting.
This step is recommended for the benefit of
the applicant but is not required. If followed, the procedure shall
be as follows:
A.
Initial conference. The applicant shall notify the
Planning Board Secretary, 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 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 and 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 and in an electronic file format. A positive transparency
reduction, 10 inches by 10 inches, of the sketch layout shall also
be prepared and submitted.
[Amended 3-27-2012 by L.L. No. 1-2012]
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 such subdivision approval is to be submitted.
[Amended 3-19-1984; 10-13-1987 by L.L. No. 14-1987; 3-27-1990 by L.L. No. 18-1990; 9-12-1995 by L.L. No. 9-1995]
A.
Application for approval. 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 Planning Board Secretary and in an electronic file
format. Such application shall be filed with the Planning Board Secretary
at least two weeks prior to the regular Planning Board meeting at
which it will be considered and shall:
[Amended 9-10-2002 by L.L. No. 8-2002; 3-27-2012 by L.L. No. 1-2012; 5-12-2020 by L.L. No. 6-2020]
(1)
Be accompanied by an application fee in an amount as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended, plus an additional fee as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended, for each lot shown on the preliminary plat, plus any additional amount required pursuant to § 96-3.
(3)
Be accompanied by nine copies each of the preliminary plat, including all contiguous land of the applicant and preliminary construction plans, showing all items listed in Article VI of these regulations.
(4)
Be accompanied by a positive transparency reduction, 10 inches by
10 inches, of the preliminary plat.
B.
Field trip. The Planning Board may schedule a field inspection of the proposed subdivision, as described in § 113-11B.
C.
Public hearing.
(1)
Within 62 days after the receipt of a completed plat
application and all accompanying material by the Secretary of the
Planning Board, the Board shall hold a public hearing on said application.
The Planning Board Secretary shall submit a notice of said hearing
to the official Town 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. A copy of the proposed
preliminary plat shall be maintained on file in the Town Hall, available
for public inspection during normal business hours for the five-day
period immediately preceding the hearing.
(2)
Consistent with the provisions of § 276
of the Town Law, the time within which the Planning Board shall hold
a public hearing on the preliminary plat shall be coordinated with
any hearings the Planning Board may schedule pursuant to the State
Environmental Quality Review Act.[1] The hearing on the preliminary plat shall be closed upon
motion of the Planning Board within 120 days after it has been opened.
[1]
Editor's Note: See Environmental Conservation
Law § 8-0101 et seq.
D.
Action on preliminary plat application. Within 62
days after the date of the close of such hearing, the Planning Board
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 § 276 of the Town Law. However, consistent with the provisions
of § 276 of the Town Law, if the Planning Board 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 Board. Within five business days of the adoption of
the resolution granting approval of such preliminary plat, such plat
shall be so certified by the Planning Board Secretary, and a copy
of the plat and resolution shall be filed in the Planning Board Secretary's
office and a copy of the resolution mailed to the owner. A copy of
the resolution shall also be filed in the office of the Town Clerk.
E.
Expiration of approval. Approval of a preliminary
plat application may be revoked by the Planning Board if the owner
has not submitted a proposal plan in final form within six months
of the date of approval of the preliminary plat.
[Amended 9-27-1977; 3-19-1984; 10-13-1987 by L.L. No. 14-1987; 3-27-1990 by L.L. No. 18-1990; 9-12-1995 by L.L. No. 9-1995]
A.
Application for approval. Application for final subdivision
approval shall be filed with the Planning Board Secretary. Such application
shall comply with the modifications, if any, required by the Planning
Board at the time of preliminary plat approval and shall be submitted
on forms available from the Planning Board Secretary and also submitted
in an electronic file format.
[Amended 3-27-2012 by L.L. No. 1-2012]
B.
Items to accompany application. Application for final
plat approval shall be accompanied by the following:
(1)
(Reserved)
(2)
Proof of ownership by the applicant of the premises
affected by the application and a certificate from a title company
covering all interests, liens and objections to title, if any.
(3)
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 estimated cost of construction, together
with the quantities and unit costs used in making the estimate.
(4)
A cost estimate fee in the amount of $100, payable
to the Town of New Castle, for Town engineering review of the applicant's
estimate and/or for the purpose of establishing a cost estimate for
the Planning Board's use in setting the engineering inspection fee.
An additional cost estimate fee in the amount of $100 shall be required
for any subsequent application for bond reduction submitted in accordance
with § 277 of the Town Law.
(5)
Where streets or park areas are included within the
proposed subdivision, a formal offer of cession to the Town of all
such streets and park areas, in form approved by the Town Attorney,
except where the proposed final subdivision plat has a notation to
the effect that no offer of dedication of such streets and park areas
or any of them is made to the public.
(6)
In a proper case, where there is no park area shown
on the proposed plat, a recreation fee, payable to the Town of New
Castle, in the amount determined for such cases by resolution of the
Town Board.
(7)
A written agreement, in form satisfactory to the Town
Attorney, permitting entry by the Town 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 Town assumes the responsibility for them.
(8)
A list of any and all waivers of the provisions of
these regulations which the applicant requests the Planning Board
to grant in his specific case, with the reasons therefor.
C.
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 Board, a public hearing shall
be held by the Planning Board; provided, however, that, when consistent
with § 276 of the Town Law, the time within which the Planning
Board shall hold a public hearing on such final plat shall be coordinated
with any hearings, the Planning Board may schedule pursuant to the
State Environmental Quality Review Act. If the Planning Board deems
the final plat to be in substantial agreement with the approved preliminary
plat, the Board may waive the requirement for such a public hearing.
Where a hearing is to be held, the Planning Board Secretary shall
submit a notice of said hearing to the official Town 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 Town Hall, available for public inspection during normal
business hours for the five-day period immediately preceding the hearing.
D.
Action by Planning Board. 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
Board 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 § 276
of the Town Law, if the Planning Board 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 Board. The time in which
the Planning Board must take action may be extended by mutual consent
of the owner and the Planning Board. Within five business days of
the adoption of such resolution, the plat shall be certified by the
Planning Board Secretary as conditionally or finally approved, and
one copy shall be filed in the Planning Board office. A copy of the
resolution shall be filed in the Town Clerk's office and another copy
mailed to the owner by certified mail, including the certified 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
Board may extend the time in which a conditionally approved plat in
final form must be submitted for signature, if, in its opinion, such
intention is warranted by the particular circumstances thereof, for
not to exceed two additional periods of 90 days each.
E.
Authorization for filing plat by sections. Prior to
granting its approval, the Planning Board 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 Board, 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 New Castle Town Clerk. The Planning Board may
deny approval of any subsequent section if a prior approved section
has not first been satisfactorily completed.
F.
Action by applicant. Based upon the Planning Board
resolution, the applicant shall have the final subdivision plat and
construction plans revised, if necessary, in accordance with said
resolution and submit the four copies of such revised maps to the
Secretary of the Planning Board. Any performance bond which is to
be posted shall be submitted to the Town Attorney. The Town Engineer
shall check the revised final maps to determine whether they are in
full compliance with the Planning Board's resolution of approval and,
if so, shall so certify to the Planning Board. The Town Attorney shall
be responsible for determining and certifying to the Planning Board
whether or not the surety, form, sufficiency and manner of execution
of the bond is acceptable to and has been approved by the Town Board.
G.
Approval of construction plans. The construction plans,
revised as necessary to meet the requirements of the Planning Board
resolution, shall be endorsed by the Planning Board Chairman or other
duly authorized member of the Planning Board as "approved" prior to
the signing of the plat or the beginning of any construction work
within the proposed subdivision.
H.
Final approval of subdivision plat. The Chairman or
other duly authorized member of the Planning Board shall endorse the
Board's final approval on the plat only after receipt of certification
from the Town Engineer that all required improvements have been completed
in accordance with the Planning Board's approval of the plat and construction
plans or, alternatively, that a bond in the required amount and surety
has been filed and that 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 Board).
I.
Filing plat with County Clerk. The signature of the
Chairman or other duly authorized member of the Planning Board constituting
final approval by the Planning Board 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 by the owner in the office of the Westchester
County Clerk, Division of Land Records.
J.
Submission of copies of final plat. The applicant
shall submit 10 copies of the final plat, showing the endorsement
of the County Clerk, to the Planning Board Secretary within 30 days
of the date of filing.
