[Amended 2-28-1994 by L.L. No. 1-1994]
A.
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 duly authorized agent
shall proceed to secure approval of the proposed subdivision in accordance
with the following steps:
B.
The time within which public hearings are required
to be held by the Planning Board shall be calculated from the date
of completion of procedures required, if any, by the New York State
Environmental Quality Review Act (SEQRA).[1]
[1]
Editor's Note: See Article 8 of the Environmental
Conservation Law.
[Amended 2-28-1994 by L.L. No. 1-1994]
A.
Application. Prior to requesting approval of a proposed
final plat, the applicant shall file an application for approval of
a preliminary plat on forms available from the Planning Board. Said
application shall:
(1)
Be accompanied by an application fee, payable to the
Village of Pomona, in the amount shown in the fee schedule as adopted
by the Board of Trustees. Every subsequent submission of a new preliminary
plat will be considered a new application and shall be accompanied
by a new fee.
(2)
Include all land which the applicant proposes to subdivide
and all land immediately adjacent extending 100 feet therefrom or
of that directly opposite thereto extending 100 feet from the street
frontage of such opposite land, with the names of owners as shown
in the Village Clerk's office. Where the Planning Board determines
the need, a larger portion of adjacent lands may be required to be
shown.
(3)
Be accompanied by a minimum of 12 copies of the preliminary plat as described in § 118-28 of this chapter.
(4)
Be accompanied by a minimum of four copies of construction plans as described in § 118-29 of this chapter.
(6)
Be accompanied by complete drainage calculations in
accordance with Rockland County Drainage Agency standards.
B.
Field trip. After receipt of the application by the
Planning Board clerk, but before the public hearing on the application,
the Planning Board may schedule a field trip to the site of the proposed
subdivision, accompanied by the applicant or his representative. In
order to facilitate field inspection and review of the site of the
proposed subdivision, temporary staking along the center line of all
proposed roads in the subdivision will be required in time for such
field trip, or, if impracticable, the Planning Board shall permit
a suitable alternative procedure.
C.
Planning Board action.
(1)
The Planning Board shall hold a public hearing within
62 days after the receipt of a complete preliminary plat application
by the clerk of the Planning Board. Such hearing shall:
(a)
Be advertised at least once in the official
Village newspaper at least five days before such hearing.
(b)
Be noticed, by certified mail, return receipt
requested, to each owner of the property within 500 feet of the perimeter
of the subject property as indicated on the application for subdivision
approval and at least 10 days prior to the public hearing.
(c)
Be advertised by the installation of four posters,
furnished by the Planning Board Secretary, on the four closest public
roads in visible locations surrounding the proposed subdivision at
least 10 days prior to the public hearing.
(2)
The Planning Board shall, thereafter, approve, with
or without modification, or disapprove such preliminary plat within
62 days after the public hearing. The grounds for a modification or
for disapproval shall be stated upon the record of the Planning Board.
Within five days of the approval of the preliminary plat, it shall
be certified by the clerk of the Planning Board as having been granted
preliminary approval, a copy filed in the clerk's office and a certified
copy mailed to the owner. Notwithstanding the foregoing provisions,
the time in which the Planning Board must take action on the preliminary
plat may be extended by mutual consent of the applicant and the Planning
Board.
D.
Expiration of approval. Approval of a preliminary
plat application expires if the owner has not submitted a proposed
plat in final form within six months of the date of the approval of
the preliminary plat.
Application for final subdivision plat 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
in duplicate on forms available from the Planning Board Secretary.
A.
Items to accompany application. Application for final
plat approval shall be accompanied by the following:
(2)
A final subdivision application fee, payable to the
Village of Pomona, in the amount specified in the fee schedule as
adopted by the Board of Trustees. Every subsequent submission of a
new final plat shall be considered a new application and shall be
accompanied by a new fee.
(3)
An affidavit of ownership, which shall include all
contiguous holdings of the owner and the dates the respective holdings
of land were acquired, together with the liber and page of each conveyance
to the present owner as recorded in the Rockland County Clerk's office.
The affidavit shall indicate the legal owner of the property, the
contract owner of the property, the date contract of sale was executed
and, if any corporations are involved, a complete list of all directors,
officers and stockholders of each corporation owning more than 5%
of any class of stock.
(4)
Where subdivision roads and/or other improvements
are involved and where the applicant intends to post a performance
bond or other acceptable security to cover the cost of 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.
[Amended 2-28-1994 by L.L. No. 1-1994]
(5)
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.
B.
Action by the Planning Board.
[Amended 2-28-1994 by L.L. No. 1-1994]
(1)
If the final plat application submitted to the Planning
Board is in substantial agreement with the preliminary plat previously
approved, the Planning Board shall, by resolution, conditionally approve,
with or without modification, disapprove or grant final approval and
authorize the signing of such plat within 62 days of its receipt by
the secretary to the Planning Board.
(2)
If the final plat application submitted to the Planning
Board is not in substantial agreement with the approved preliminary
plat, the Planning Board may: require further review under SEQRA;[1] hold a public hearing on such final plat within 62 days
of receipt of the application, said hearing to be advertised in the
official Village newspaper at least five days in advance of such hearing;
or by resolution conditionally approve, with or without modification,
disapprove or grant final approval and authorize the signing of such
plat, within 62 days after the date of the public hearing. The grounds
for any modification or disapproval shall be stated upon the record.
[1]
Editor's Note: See Article 8 of the Environmental
Conservation Law.
(3)
The time within which the Planning Board must take
action on such plat may be extended by the mutual consent of the owner
and the Planning Board.
C.
Public hearing. In addition to the requirements of § 118-11C of the within code on public hearings, prior to such hearing the Planning Board Secretary shall:
[Amended 2-28-1994 by L.L. No. 1-1994]
(1)
File a copy of the subdivision plat and construction
plans at the Village Clerk's office for public review at least five
days prior to the public hearing.
(2)
Submit a copy of the subdivision plat and final construction
plans to the County Planning Board where a proposed road within the
subdivision intersects with a state or county highway or where drainage
lines connect directly into any channel lines established by the county,
such plat and construction plans to be received at least 10 days prior
to the date of the public hearing.
D.
Filing plat by sections. Prior to granting its approval,
the Planning Board may permit or require 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 62 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 Village Clerk. The Planning Board may deny
approval of any subsequent section if a prior approved section has
not first been satisfactorily completed.
[Amended 2-28-1994 by L.L. No. 1-1994]
E.
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 12 copies of such revised maps to the Planning
Board Secretary.
F.
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.
G.
Additional documents and information required. Prior
to the endorsement of the Planning Board Chairman on the final subdivision
plat, the following additional documents and information shall be
submitted by the applicant:
(2)
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 streets and park areas,
or any of them, is made to the public. The applicant shall deliver
a deed to all such lands in proper form for recording, together with
a title policy for the Village of Pomona in a sum not less than $10,000,
which sum shall be determined by the Village Attorney before the signing
of the final subdivision plat.
(4)
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.
H.
Final approval of subdivision plat. Upon resolution
granting conditional approval of a final plat, the Planning Board
shall empower the Chairman or other duly authorized member to sign
the plat, subject to completion of any requirements as may be stated
in the resolution. Within five days of such resolution, the plat shall
be certified by the secretary of the Planning Board as conditionally
approved and a copy filed in such secretary's office. A copy of the
resolution shall be mailed to the owner, which copy shall include
a statement of such requirements which, when completed, will authorize
the signing of the conditionally approved final plat. Upon completion
of such requirements, the plat shall be signed by the Chairman or
other duly authorized member of the Planning Board. Conditional approval
of a final plat shall expire 180 days after the date of the resolution
granting conditional approval, unless such requirements have been
certified as completed. The Planning Board may, however, 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. Such extensions shall not
exceed two additional 90 day periods.
[Amended 2-28-1994 by L.L. No. 1-1994]
I.
Filing plat with the County Clerk. The approved plat
shall be filed with the Rockland County Clerk within 62 days of the
date of Planning Board signing. Simultaneously with the filing of
the plat, the Secretary to the Planning Board shall record the agreement
of dedication, together with such legal documents as shall be required
to be recorded by the Village Attorney.
[Amended 2-28-1994 by L.L. No. 1-1994]
