A.
Whenever any subdivision of land is proposed to be
made and before any contract for the sale of or any offer to sell
such subdivision or 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 in accordance with
the following procedure.
B.
In furtherance of the approvals required by Article IV, the Planning Board is empowered to retain, at the applicant’s expense, any consultant or expert which, in the opinion of the Planning Board, is reasonably necessary in determining whether to grant or deny conditional approval or final approval or to verify information presented by the applicant. The fees for such consultation shall be paid in accordance with the provisions of Chapter 160, Professional Fees.
[Added 8-6-1990 by L.L. No. 12-1990; amended 5-3-2010 by L.L. No. 5-2010]
[Added 2-27-1989 by L.L. No. 1-1989]
B.
Presubmission. Prior to preparing a preliminary layout, the applicant shall discuss with the Planning Board or its representative the requirements for street improvements, drainage, sewerage, water, fire protection and similar matters, as well as the availability of existing services. Such discussion shall take place at the same time as the presubmission discussion required by § 224-68 of Chapter 224, Zoning. The subdivider shall also discuss the proposal with the County Health Department, which must eventually approve any final subdivision plat, and with any other federal, state, county or other authorities whose approval of the final plat or any portion thereof may be required prior to the preparation of the preliminary layout.
C.
Application. The applicant shall file an application for site development plan approval pursuant to Article XIV of Chapter 224, Zoning, and shall specifically note thereon that the applicant also is applying for approval of a preliminary layout for the proposed subdivision. The application for site development plan approval shall serve also as the application for approval of the preliminary layout for the proposed subdivision. The preliminary layout shall be deemed to have been officially submitted when the Planning Board determines that a complete site development plan approval application has been submitted.
F.
Conditional approval of the preliminary layout.
(1)
After the public hearing and within 75 days after
the application for approval of the preliminary layout is deemed to
have been officially submitted, the Planning Board shall take action
to conditionally approve, with or without modifications or conditions,
or disapprove such preliminary layout, and the grounds of any modification
or condition required or the grounds for disapproval shall be stated
upon the records of the Board. The time within which the Planning
Board must render its decision may be extended by mutual consent of
the applicant and the Planning Board.
[Amended 8-6-1990 by L.L. No. 12-1990; 3-4-1991 by L.L. No. 2-1991]
(2)
The action of the Board shall be noted on four copies
of the preliminary layout, referenced and attached to any conditions
determined. One copy shall be returned to the subdivider, one copy
retained by the Board, one copy filed with the Village Clerk, and
one copy placed in the Irvington Public Library.
(3)
Conditional approval of a preliminary layout shall
not constitute approval of the plat. Rather, it shall be deemed an
expression of approval of the design submitted as a guide to the preparation
of the plat which will be submitted for approval of the Board and
for recording upon fulfillment of the requirements of these regulations
and the conditions of any conditional approval.
[Amended 8-6-1990 by L.L. No. 12-1990]
A.
Applicability. The procedures set forth in this section shall govern all applications for approval of proposed preliminary layouts for proposed subdivisions, the development of which do not require site development plan approval pursuant to Article XIV of Chapter 224, Zoning.
[Amended 2-27-1989 by L.L. No. 1-1989]
B.
Application. Prior to the filing of an application for the approval of a subdivision plat, the subdivider shall file an application for the consideration of a preliminary layout of the proposed subdivision in the form described in Article VI hereof. The preliminary layout shall in all respects comply with the requirements set forth in said Article VI, and with the provisions of §§ 7-728 and 7-730 of the Village Law, except where a variation may be specifically authorized by the Planning Board pursuant to Article VIII hereof. The application shall be accompanied by a fee per lot as set from time to time by the Board of Trustees.[1] The applicant shall file copies of the application, the
preliminary layout and all maps, drawings and other documents submitted
to the Planning Board in connection therewith with the Village Clerk
and the Irvington Public Library no later than two days after each
of said documents is submitted to the Planning Board.
[Amended 2-27-1989 by L.L. No. 1-1989; 8-18-2003 by L.L. No. 20-2003]
C.
Date for preliminary consideration. Upon receipt of
an application for the consideration of a preliminary layout, the
Planning Board shall determine whether the application is complete
and notify the subdivider of any deficiencies in the provision of
required information. The preliminary layout shall be deemed to have
been officially submitted at the time the Planning Board determines
that the application is complete. At the time the Planning Board determines
that the application is complete, it shall set a date, time and place
for discussion of the preliminary layout with the subdivider, which
shall occur at a public meeting of the Planning Board which shall
take place not less than 20 nor more than 65 days after the application
is officially submitted. At or before the public meeting at which
the discussion of the preliminary layout is scheduled to occur, the
subdivider shall file with the Planning Board an affidavit attesting
that he or she has caused each affected property owner to be notified
of the nature of the application; the date, time and place of the
Planning Board meeting at which discussion of the preliminary layout
is scheduled to occur; and the availability of copies of the application
for public inspection in the office of the Village Clerk and the public
library; and that said notice was mailed or deposited with a delivery
service company not less than 14 days before the scheduled Planning
Board meeting. Such notice shall be by a method of mail or delivery
providing proof of mailing or delivery.
[Amended 2-27-1989 by L.L. No. 1-1989; 8-6-1990 by L.L. No. 12-1990; 3-4-1991 by L.L. No. 2-1991; 4-7-2014 by L.L. No. 10-2014]
D.
Consideration of preliminary layout. The applicant
or his duly authorized representative shall attend the Planning Board
meeting at which the preliminary layout is scheduled for discussion.
The Planning Board shall carefully study the practicability of the
preliminary layout, taking into consideration the requirements of
the community, the Comprehensive Land Use Plan, the Village's land
use policies and the best use of the land being subdivided. Members
of the public shall be given the opportunity to comment on the preliminary
layout.
[Amended 2-27-1989 by L.L. No. 1-1989]
E.
Conditional approval of the preliminary layout.
(1)
Following review of the preliminary layout, the Board
shall, within 75 days after its official submission, take action to
conditionally approve with or without modifications or disapprove
such preliminary layout, and the grounds of any modification required
or the grounds for disapproval shall be stated upon the records of
the Board.
[Amended 8-6-1990 by L.L. No. 12-1990; 3-4-1991 by L.L. No. 2-1991]
(2)
The action of the Board shall be noted on two copies
of the preliminary layout, referenced and attached to any conditions
determined. One copy shall be returned to the subdivider and the other
retained by the Board.
(3)
Conditional approval of a preliminary layout shall
not constitute approval of the layout, rather it shall be deemed an
expression of approval of the design submitted on the preliminary
layout as a guide to the preparation of the plat which will be submitted
for approval of the Board and for recording upon fulfillment of the
requirements of these regulations and the conditions of the conditional
approval, if any.
[Amended 8-6-1990 by L.L. No. 12-1990]
A.
Application for approval. The applicant shall, within six months after the conditional approval of the preliminary layout, file with the Planning Board an application for approval of all or part of the proposed subdivision, using the approved application blank available from the Planning Board Secretary or Clerk. 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 abuts 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 § 188-11B below.
[Amended 8-6-1990 by L.L. No. 12-1990]
B.
Filing of application. Applicants submitting proposed
subdivision plats for the approval of the Planning Board shall provide
the Secretary or Clerk of the Board with one original and at least
five prints of the application and required surveys, plans and data
and shall file at least one copy thereof with each of the Village
Clerk and the Irvington Public Library.
[Amended 2-27-1989 by L.L. No. 1-1989; 8-6-1990 by L.L. No. 12-1990]
C.
When officially submitted. The application for approval of the subdivision plat shall be deemed to be officially submitted only when the Planning Board determines at a regular meeting of the Planning Board that the application and all the required surveys, plans and data have been filed as required by Subsection B and all required consents and approvals described in Article VI hereof are provided with the application.
[Amended 2-27-1989 by L.L. No. 1-1989]
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, unless the
Planning Board permits such endorsement and approval to be secured
subsequent thereto.
E.
Public hearing. Before the Planning Board will act
on any subdivision plat, it will hold a public hearing thereon as
provided in this subsection.
[Amended 2-27-1989 by L.L. No. 1-1989]
(1)
At the time the application for approval of the subdivision
plat is deemed to be officially submitted, the Planning Board shall
fix a date, time and place for the public hearing thereon which shall
be not less than 20 nor more than 65 days after the application is
deemed to be officially submitted.
[Amended 3-4-1991 by L.L. No. 2-1991]
(2)
At or before the public hearing, the applicant shall file with the Planning Board an affidavit attesting that he or she has caused each affected property owner to be notified of the nature of the application; the date, time and place of the Planning Board meeting at which discussion of the subdivision plat is scheduled to occur; and the availability of copies of the application for public inspection in the office of the Village Clerk and the public library; and that said notice was mailed or delivered not less than 14 days before the scheduled Planning Board hearing. Such notice shall be by a method of mail or a delivery service company providing proof of mailing or delivery. In the case of an application for approval of a subdivision into four or more lots or in which four or more dwelling units could be built or in which any building with a floor area (as defined in § 224-80 of Chapter 224, Zoning) exceeding 8,000 square feet could be erected as of right, the subdivider also shall be required to publish notice of the application in the official newspaper(s) of the Village at least twice and to give notice by mail or delivery service (by a method providing proof of mailing or delivery) to all record owners of land within 500 feet of the proposed subdivision, said notice and mailing or delivery to be completed not less than 14 days in advance of the public hearing.
[Amended 8-6-1990 by L.L. No. 12-1990; 3-4-1991 by L.L. No. 2-1991; 4-7-2014 by L.L. No.
10-2014]
F.
Action on proposed subdivision plat. After careful study, the Planning Board will then, within 75 days from official submission date of the subdivision plat, approve, modify and approve or disapprove the subdivision plat. Such approval, however, shall not be deemed final, and the subdivision plat shall not be signed by the authorized officers of the Board for recording until the subdivider has complied with the provisions of § 188-11 of this article and the plat has been properly endorsed and approved by the County Health Department, as required by the County Sanitary Code.
[Amended 3-4-1991 by L.L. No. 2-1991]
G.
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.
H.
Officers authorized to sign plat. The authorized officers
of the Board, for the purpose of signing the approved subdivision
plats, shall be the Chairman and Secretary or, in their absence, the
Acting Chairman and Acting Secretary respectively.
I.
A fee, to be paid with the application for final layout
approval: The amount of the fee shall be as set from time to time
by the Board of Trustees.
[Added 12-7-1981; amended 8-18-2003 by L.L. No.
20-2003; 4-25-2011 by L.L. No. 5-2011]
J.
In addition, fees shall be required for the services
of any and all Village employees and/or consultants and/or independent
contractors for providing professional assistance to the Village in
reviewing a subdivision plat application and for any inspection required
by the Planning Board. Such fees shall be fixed by the Planning Board
for each applicant in such amounts as will reimburse the Village for
the actual costs incurred with respect to review of the application
and appropriate inspections.
[Added 3-4-1991 by L.L. No. 2-1991]
A.
Agreements.
[Added 2-27-1989 by L.L. No. 1-1989]
(1)
All promises and undertakings made to the Village
of the Planning Board in connection with subdivision approval which
would affect the manner in which subdivided lands will be developed,
serviced and maintained (including but not limited to undertakings
to provide private refuse collection, transportation or other services;
to maintain structures, plantings or open space within the subdivision;
to dredge or otherwise care for lakes and ponds; and to replace trees,
plantings, walls or other structures that may die, be destroyed or
fall into a state of disrepair) shall be recorded in written instruments
executed by or on behalf of the subdivider and shall be in such form
as:
(a)
To bind each subsequent grantee of each lot
individually affected by such promises and undertakings;
(b)
To bind all subsequent grantees of all lots
in the subdivision as joint obligors of all obligations relating to
the subdivision as a whole;
(c)
Is sufficient to record in the land records
of the County Clerk against all affected lots; and
(d)
Is satisfactory to the Planning Board and the
Village Attorney.
(2)
The Planning Board shall ensure that all such instruments
shall be recorded against the entire subdivision or each affected
lot, as may be appropriate, prior to the sale of any lot by the subdivider.
In addition, at the time an approved subdivision plat is signed on
behalf of the Planning Board, the Planning Board shall note on the
face of the plat that all or specifically enumerated lots shown on
the plat are subject to obligations set forth in one or more written
instruments executed on behalf of the subdivider in favor of the Village
of Irvington and shall set forth the date of each such instrument.
B.
Improvements and performance bond. Following approval of the subdivision plat by the Planning Board, the subdivider shall follow one of the procedures set forth in Subsection B(1) or (2) below:
(1)
The subdivider shall file with the Village a performance bond to cover the full cost of the required improvement in the amount estimated by the Village Engineer. Such bond shall comply with the requirements of § 7-730 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 Planning Board 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 § 188-10F 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 dwelling fronting on a street shown on the subdivision plat, failing which the Village Board may order such improvements to be installed and charge the expense thereof to the subdivider. In the case of exceptionally large subdivisions, the Board may grant a reasonable extension of time beyond said four months' 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 § 188-10F above, the plat shall be deemed disapproved. The subdivider shall file with the Village a bond in an amount determined by the Planning Board 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.
C.
Inspection of improvements.
(1)
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. If the applicant elects to install such improvements before
the final approval of the plat, the applicant shall so notify the
Village Board, in writing, and an inspector will be assigned thereto.
In such case, the applicant shall deposit with the Village, prior
to approval of this procedure, an amount determined by the Village
Board sufficient to cover the cost of the inspection.
(2)
If a bond is to be given to assure completion of such
improvements, the Village Board will assign an inspector to assure
such satisfactory completion. The developer shall pay the Village
for the cost of such inspection. The Village Board's determination
of such cost of inspection shall be final.
(3)
The developer or his duly authorized English-speaking
representative shall be present at any time any road or utility work
is in progress.
D.
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
within the time therein specified and satisfactory to the Board.
E.
Easements and other releases. The subdivision plat
shall be endorsed with the necessary agreements in connection with
required easements or other releases.
F.
Proper installation of improvements.
(1)
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.
(2)
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.
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 appropriate
officers of the Planning Board 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 (§ 7-728 of the Village Law).
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, park,
playground or other open space shown on such subdivision plat.
B.
[1]Ownership and maintenance of park and playground area.
When park and playground areas 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 Village Board covering future title, dedication and provision
for the cost of grading, development, equipment and maintenance of
any park or playground area.
[1]
Editor's Note: Former Subsection B, Reservation of parkland
or fees in lieu, as amended, was repealed 5-21-2012 by L.L. No. 4-2012.
