The owner, or contract vendees with the owner's written permission, of any land proposed to be subdivided within the Village of Ardsley shall apply for and secure approval of such subdivision from the Village and Planning Boards, in accordance with the following procedures.
A. 
Preparation of sketch plan.
B. 
Preparation of preliminary plat.
C. 
Preparation of final plat.
A. 
Submission of sketch plan. Any owner of land within the Village of Ardsley shall, prior to subdividing or resubdividing land, submit to the Building Inspector at least 30 days prior to the regular meeting of the Planning Board a sketch plan of the proposed subdivision, for the purposes of classification and preliminary discussion. The sketch plan shall include a site location sketch (at a scale not to exceed one inch equals 800 feet) indicating the applicants entire holdings in relation to neighboring streets and properties, all adjoining and abutting properties, and shall show the general nature of the proposed arrangement of streets, lots, recreation areas, any potential wetlands or steep slopes, 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 two feet, at a scale of no smaller than one inch equals 100 feet. It shall be submitted in 12 copies. The sketch layout shall also include a preliminary list of agencies that may require approvals, permits, or notice.
B. 
Discussion of requirements. At its meeting with the subdivider, the Planning Board shall discuss the requirements for street improvements, drainage, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information.
C. 
Study of sketch plan. The Planning Board shall study the sketch plan as to whether it meets the objectives of these regulations, and to the extent that it does not, the Planning Board shall make specific suggestions as to changes to be incorporated in the preliminary layout. The Planning Board may also at this time distribute the sketch plan to any other boards or any of the emergency service providers for their study and comment.
D. 
Classification of sketch plan and fee for minor subdivisions.
(1) 
Classification of the sketch plan shall be made at this time by the Planning Board as to whether it is a minor or major subdivision, as defined in this chapter. At its discretion, however, the Board may require that a minor subdivision comply with all or some of the requirements specified for major subdivisions.
(2) 
If classified and approved as a minor subdivision, the subdivider shall file a fee as adopted by resolution of the Village Board or in Chapter A210 of the Village Code, within 20 days of classification, after which the Planning Board shall hold a public hearing thereon in accordance with § 7-728 of Village Law.
(3) 
If classified as a major subdivision, the subdivider shall then comply with the procedures outlined in §§ 175-6 and 175-7 of this chapter prior to final approval by the Planning Board.
E. 
Approval of minor subdivision.
(1) 
After the public hearing, the Planning Board shall approve or disapprove the sketch plan.
(2) 
Upon approval, the sketch plan shall be properly signed by the duly authorized person or persons and shall be filed by the applicant in the Office of the County Clerk. Any subdivision plan not so filed or recorded within 90 days of the date upon which such plan is approved or considered approved by reason of the failure of the Planning Board to act shall become null and void (§ 7-728 of Village Law).
A. 
Application. Prior to requesting approval of a proposed final subdivision plat, the applicant shall file an application for approval of a preliminary plat on forms available from the Building Department.
(1) 
The application shall be filed with the Building Department.
(2) 
The application shall be accompanied by a preliminary plat application fee, as set forth by resolution of the Village Board or in Chapter A210 of the Village Code, which may be amended from time to time.
(3) 
The application shall be filed not less than 30 days prior to a regular meeting of the Planning Board.
(4) 
The application shall be accompanied by 12 copies each of the preliminary plat, including all contiguous land of the applicant, and preliminary construction plans, showing all items listed in §§ A-1 and A-2 of Appendix A of these regulations.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(5) 
The application shall be accompanied by such documents as may be required pursuant to the State Environmental Quality Review Act (SEQRA) and the regulations promulgated therefrom, including, without limitation, a completed environmental assessment form (EAF) or draft environmental impact statement (EIS), as the case may be. Per § 7-728 of the Village Law, a preliminary plat shall not be considered complete until a negative declaration has been filed or until a notice of completion of the EIS has been filed in accordance with the provisions of SEQRA.
(6) 
The application shall comply with all requirements of these regulations; the Zoning Ordinance;[2] and Chapter 185, Trees and Shrubs.
[2]
Editor's Note: See Ch. 200, Zoning.
(7) 
The application shall be accompanied by a list of the names and addresses of each of the owners of property adjoining or abutting the subdivision, any portion of which is within 200 feet of any portion of the affected land or as delineated by the Planning Board, which list shall be used by the applicant to provide notice of the public hearing on the preliminary plat as provided in Subsection C(1)(d) below.
(8) 
All proposed covenants, easements, or deed restrictions that are intended to apply to all or any part of the proposed subdivision or resubdivision and any other items required by the Planning Board shall be submitted by the subdivider to the Planning Board and the Village Attorney no later than the date of the submittal of the preliminary plat application.
B. 
Review of preliminary plat application.
(1) 
Upon receipt of the preliminary plat application, the Building Inspector or any consultants hired by the Village and funded by the project escrow account established pursuant to § 38-1B of the Village Code shall review the application.
(2) 
The Building Department shall forward copies of the preliminary plat application to the appropriate Village representatives as determined by the Planning Board, including any other boards or any of the emergency service providers, for their review and comment.
(3) 
The Building Inspector's and any other review of the preliminary plat application shall be forwarded to the Planning Board prior to the public hearing.
C. 
Public hearing.
(1) 
The Planning Board will hold a public hearing on the preliminary plat, including SEQRA, within 62 days of the receipt of a completed application (as determined by the Planning Board) and preliminary plat.
(a) 
Notice of the hearing shall be published in a newspaper of general circulation in the Village at least 10 days prior to the date of the hearing. The cost of preparing and having published the notice of hearing in the newspaper shall be paid by the Village.
(b) 
Copies of the notice shall be posted in a public place in Village Hall at least five days prior to the date of the hearing.
(c) 
A prominent sign shall be posted two weeks prior to the hearing at the edge of the property wherever it abuts a public street, in a clear and visible location, giving notice of the public hearing, the location of the hearing, and its time and date. This shall be performed by the applicant and an affidavit of posting should be submitted to the Building Department the Friday before the meeting at which it is to be heard. The applicant shall maintain the sign until the public hearing is closed.
(d) 
At least 10 days prior to such public hearing, excluding the day of mailing and including the day of the hearing, a notice of such public hearing shall be sent by registered or certified mail by the applicant to the owners of record of all adjoining land within 200 feet of any portion of the affected land or as delineated by the Planning Board. The cost of giving the required notice to the owners of record shall be paid by the applicant.
(2) 
Notwithstanding the Planning Board's determination that an application is complete, the Planning Board may require additional materials.
D. 
Action on preliminary plat application. Within 62 days after the date of the close of the public hearing, the Planning Board shall conditionally approve with or without modification or conditions, disapprove, or grant approval with conditions the preliminary plat application by resolution, which shall set forth any conditions to which the approval is subject or the reasons for disapproval pursuant to § 7-728 of Village Law. Within 10 business days of the adoption of the resolution granting conditional approval of such preliminary plat, such plat shall be so certified by the Building Inspector, and a copy of the plat and resolution shall be filed in the Building Department and a copy of the resolution mailed to the owner. Within 10 business days from the date of adoption of the Planning Board's resolution stating the decision of the Planning Board on the preliminary plat, a copy of the resolution shall be filed in the office of the Village Clerk. The conditional approval may be considered as the basis for the submission of a final plat.
E. 
Expiration of approval. Such conditional approval of a preliminary plat by the Planning Board shall be valid for six months, unless further extended by the Planning Board. If a final plat is not presented for consideration by the Planning Board within that time, as may be extended, the preliminary plat must be resubmitted for consideration by the Planning Board.
F. 
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Articles I and II of Chapter 171 of the Village Code shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article II of Chapter 171. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 171.
[Amended 12-20-2010 by L.L. No. 1-2011]
A. 
Application. Within six months of receiving conditional approval of a preliminary plat, an applicant may submit for approval of a final plat.
(1) 
Application shall be made on forms provided by the Building Department at the time of conditional approval of the preliminary plat.
(2) 
The application shall be accompanied by three copies of the final plat and the construction detail sheets, as described in §§ A-3 and A-4 of Appendix A of these regulations.
(3) 
The application shall comply in all respects with the preliminary plat as conditionally approved.
(4) 
The application shall be filed with the Building Department no less than 30 days prior to a regular meeting of the Planning Board.
B. 
Action by Planning Board.
(1) 
Official submission date. The final plat shall be considered officially submitted only at the regular meeting of the Planning Board following completion.
(2) 
If the officially submitted final plat is in substantial agreement with a preliminary plat, the Planning Board shall by resolution conditionally approve with or without modification or conditions, disapprove, or grant approval with conditions within 62 days of receipt of the officially submitted final plat by the Building Department.
(3) 
When a final plat is submitted which the Planning Board deems not to be in substantial agreement with the conditionally approved preliminary plat, a public hearing must be held within 62 days of the receipt of the officially submitted final plat by the Building Department, with the hearing advertised at least once in a newspaper of general circulation in the Village at least five days before such hearing, and in any additional manner deemed appropriate by the Planning Board. The Planning Board shall make its decision on the final plat within 62 days after the date of the public hearing.
(4) 
If it is determined at any point in the subdivision approval process that the application requires additional environmental review under SEQRA, the Planning Board and the Village as a whole will follow regulations as provided in § 7-728 of the Village Law regarding subdivision review.
(5) 
Resolution to be adopted.
(a) 
The Planning Board shall, by resolution, approve, approve with modifications or conditions, or disapprove a final plat.
(b) 
In cases of disapproval, the resolution shall include the grounds for such action.
(c) 
Notwithstanding any report from other jurisdictions with an official interest in the matter, whether of approval, approval with stipulations, or disapproval, the Planning Board may, by majority vote, approve a final plat subject to stated conditions, when the application of such report will act to deprive the owner of the reasonable use of his property.
(6) 
Required signatures.
(a) 
Upon approval of a final plat, the date and the signature of the Planning Board Chairperson shall be affixed to the certificate prescribed in §§ A-3 and A-4 of the Appendix A of these regulations.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(b) 
A final plat shall not be signed until the applicant has complied with all the stipulations, if any, of the resolution approving such plat with stated conditions.
C. 
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Articles I and II of Chapter 171 of the Village Code and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article II of Chapter 171. The approved final subdivision plat shall be consistent with the provisions of Chapter 171.
[Amended 12-20-2010 by L.L. No. 1-2011]
D. 
Filing of approved final plat. An approved final plat shall be filed by the applicant in the Office of the County Clerk within 90 days of the date of Planning Board signature.
The same procedure, rules, and regulations shall apply for a resubdivision as for a subdivision.