Village of Buchanan, NY Article III Submission and Review Procedure

§ 171-5 Preapplication discussion; classification of subdivisions; sketch layout.

[Amended 10-18-1982 by L.L. No. 4-1982]

A. Persons planning to request Planning Board approval of a subdivision are requested to meet with the Board prior to making any formal application in order to discuss their proposals and familiarize themselves with the Board's procedures and requirements. At this preapplication discussion, the Board shall advise the prospective applicant of the appropriate subdivision classification which governs the prospective subdivision and the relevant review and approval requirements as outlined in the table set forth in this chapter, entitled "Summary of Subdivision Classification System and Review and Approval Requirements."[1]

[1] Editor's Note: Said table is on file in the Village offices.

B. The applicant shall apply for the Planning Board's approval of a sketch layout on forms supplied by the Board. This application may be made at the preapplication discussion meeting or must be filed with the Secretary of the Board at least 10 days before a regular meeting of the Board in order to be considered at such meeting.

C. Each application for the consideration of a sketch layout shall be accompanied by an affidavit showing who is the owner of the land involved. If the applicant is not the owner, the owner's permission for the application shall be included on the application form.

D. An application for the approval of a sketch layout plat shall be accompanied by an application fee, in the form of cash or check payable to the Village, in an amount as set forth in the schedule of fees in Subsection E.

E. The required nonrefundable fee, payable to the Village of Buchanan, to accompany sketch layout review applications shall be as follows:

[Amended 12-15-1986 by L.L. No. 6-1986; 2-7-2011 by L.L. No. 9-2011]

(1) For a major subdivision, the sketch layout application fee shall be in an amount as set from time to time by resolution of the Board of Trustees.

(2) For a minor subdivision, the sketch layout application fee shall be in an amount as set from time to time by resolution of the Board of Trustees.

F. The sketch layout shall conform to the requirements set forth in Article V of this chapter.

G. The applicant shall present a copy of the Village Map, upon which is superimposed the location of the proposed subdivision.

H. In appropriate cases, applicants are encouraged to discuss the provision of water supply, sewage disposal and other necessary or desirable street improvements with Village and county departments and agencies having jurisdiction.

I. The Planning Board, after consultation with the appropriate departments and consultants, shall carefully study the practicability of the sketch layout, taking into consideration the requirements of the community and the best use of the land being subdivided.

J. After discussion of the sketch layout with the applicant, and such other consideration it deems appropriate, the Board shall inform the applicant, in writing, of the acceptability of the applicant's proposal and what changes, if any, it will require in a preliminary layout or subdivision plat based on said sketch layout.

K. The acceptance by the Board of any sketch layout shall not be construed as the approval of any preliminary layout or subdivision plat.

L. Where the subdivision consists of a lot consolidation by the means of eliminating one or more common lot lines, the applicant may proceed directly from acceptance by the Planning Board of the sketch layout to submission of a subdivision plat (§ 171-7 herein).

[Added 5-17-2021 by L.L. No. 3-2021]

§ 171-6 Preliminary layout; submission of application.

[Amended 10-14-1982 by L.L. No. 4-1982]

A. If required, the applicant shall, within three months after the approval of the sketch layout, apply for the Planning Board's approval of a preliminary layout, on forms supplied by the Board. The applicant shall submit a preliminary layout, when required, and request its consideration by the Board prior to the submission of a subdivision plat.

B. The preliminary layout shall conform to the requirements set forth in § 171-20 of this chapter and shall be accompanied by a nonrefundable application fee, payable to the Village of Buchanan, as follows:

[Amended 12-15-1986 by L.L. No. 6-1986; 2-7-2011 by L.L. No. 9-2011]

(1) For a major subdivision, the preliminary layout application fee shall be in an amount as set from time to time by resolution of the Board of Trustees.

(2) For a minor subdivision, the preliminary layout application fee shall be in an amount as set from time to time by resolution of the Board of Trustees.

C. The Board's Secretary shall issue a receipt for the applicant's preliminary layout if it conforms to this chapter. The applicant should then be prepared to attend the next meeting of the Board.

D. The Planning Board, after consultation with the appropriate Village departments and consultants, shall carefully study the practicability of the preliminary layout, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location, grade and width of proposed streets and their access to existing streets, sewage disposal, drainage, lot sizes and arrangement, future development of adjoining lands as yet unsubdivided, the requirements of the Village Law and the requirements of the Village Plan and Official Map, as outlined in Article I of this chapter.

E. After discussion of the preliminary layout with the applicant and such other consideration it deems appropriate, the Board shall inform the applicant, in writing, of the acceptability of the applicant's proposal and what changes, if any, it will require in a subdivision plat based on said preliminary layout.

F. The acceptance by the Board of any preliminary layout shall not be construed as the approval of any subdivision plat.

§ 171-7 Subdivision plat application.

A. The applicant shall, within six months after approval of the sketch layout or preliminary layout, file with the Board an application upon forms provided by the Board, together with a set of final drawings, including the subdivision plat and construction detail sheets, where required, and a nonrefundable application fee, payable to the Village of Buchanan, as follows:

[Amended 10-18-1982 by L.L. No. 4-1982; 12-15-1986 by L.L. No. 6-1986; 2-7-2011 by L.L. No. 9-2011]

(1) For a major subdivision, the final subdivision plat application fee shall be in an amount as set from time to time by resolution of the Board of Trustees.

(2) For a minor subdivision, the final subdivision plat application fee shall be in an amount as set from time to time by resolution of the Board of Trustees.

B. In accordance with the provisions of law, the Planning Board must act on an application for the approval of a subdivision plat within 45 days of its submission or the application can be declared approved by default. An application for such approval will not be considered unless it includes all the maps, plans and information required by this chapter. The date of official submission shall be that date when all such required maps, plans and information have been received by the Secretary of the Planning Board, which date shall be confirmed by a letter to the applicant with a copy to the Planning Board.

C. The subdivision plat and construction detail sheets shall bear the approval of the Westchester County Health Department, the Village Engineer and the District Engineer of the State Department of Transportation, if required, and the Village Superintendent of Highways.

D. The Secretary of the Board, when he is satisfied that the above submission requirements have been met and all applicable fees paid, shall issue a receipt for the same to the applicant. The date of said receipt shall be the date of official submission, as stated in Subsection B above.

§ 171-8 Subdivision plat; action by Planning Board.

A. The Board shall, within 45 days of the receipt of a completed application, as recorded by the Secretary's receipt therefor, conduct the public hearing required by law in accordance with § 7-728 of the Village Law and act on the application.

B. The Board's action shall be either approval, disapproval or approval with modifications. In the case of disapproval or approval with modifications, the Board shall enter in its minutes the reasons for such action.

C. After approval or approval with modifications, and subject to the carrying out by the applicant of such modifications, the Chairman or Vice Chairman and the Secretary of the Board shall sign the subdivision plat and the construction detail sheets, provided that the additional requirements of § 171-10 have been met.

D. In accordance with law, the approval or approval with modifications of any subdivision plat shall expire within 90 days of the date of the Planning Board's resolution granting such approval, if said subdivision plat has not been filed in the office of the County Clerk.

§ 171-9 Required improvements; performance bond.

A. As provided by law, before the Chairman and Secretary of the Board sign any subdivision plat, the applicant shall have met the requirements of the Board for all improvements, as shown on the construction detail sheets in one of the following two methods:

(1) Actual completion of construction, in a manner acceptable to the respective Village and/or county departments, of all such improvements; or

(2) Submission and approval of a performance bond covering the cost of such improvements.

B. Required improvements shall be those shown on the construction detail sheets and/or subdivision plat.

C. For those utilities shown on the construction detail sheets, 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 in substance or effect that such public utility company will make the installations necessary for the furnishing of its services within the time therein specified satisfactory to the Board. The estimated cost of inspection of such utilities by the Board shall be included in determining the amount of such bond.

D. As provided by law:

(1) The term of any performance bond shall be set by the Board and shall not exceed one year, except where special circumstances will require a longer term, provided that in no case shall such term exceed three years.

(2) The amount of such bond shall be set by the Board, after receiving any recommendations as to the probable cost of improvements from the Village departments involved.

E. A twelve-foot-wide driveway, which may be reduced to 10 feet on hardship, at the discretion of the Planning Board, of stone screening, three inches thick, topped with a two-and-one-half-inch thickness of asphaltic concrete, shall be installed to furnish access from the paved street or roadway to a parking area and/or garage situated on each lot. Each driveway shall be placed on a properly prepared subbase six inches thick. Standard curb cuts shall be placed at the street curb.

F. As provided by law, the performance bond shall be issued by a bonding or surety company approved by the Village Board or by the owner, with security acceptable to the Village Board, and shall be approved by the Village Attorney as to form, sufficiency and manner of execution.

G. The Village will employ inspectors to ensure the satisfactory completion of improvements and utilities. Before the final approval of the plat, the applicant shall notify the Village, in writing, and an inspector will be assigned thereto. If a bond is to be given to ensure completion of such improvements, after final approval of the plat, the Village will assign an inspector to ensure such satisfactory completion. The developer shall reimburse the Village for the compensation paid to such inspector so assigned, whether before or after final approval, upon certification of the amount thereof to the developer. The Board's determination of such amount shall be final.

H. The subdivider shall pay to the Village, upon presentation of a statement covering costs in connection with checking, investigating, surveying and other matters required by law and this chapter, the actual cost of checking of the map and investigating incidental thereto, as performed by the Village Engineer and/or consulting engineer.

I. After completion of the foregoing procedure to the satisfaction of the Planning Board, and if the Board shall approve the plat, the approval of the Board shall be endorsed thereon, together with the date thereof, over the signature of the Secretary of the Board.

§ 171-10 Acceptance of streets.

A. No approval of any subdivision plat by the Planning Board shall be construed as an acceptance by the Village of any street or highway shown on such subdivision plat.

B. The applicant for approval of a subdivision plat may, if he so desires, indicate on such plat a street or streets that are not to be offered for cession to the Village.

C. The Board may require the applicant to state on any subdivision plat offered for approval whether or not streets shown thereon are to be offered for cession and, if any street is to be so offered, may require that, as a condition for its approval, offers of cession of said streets, in a form acceptable to the Village Attorney, be filed with the Planning Board.

§ 171-11 Reservation of recreation areas or moneys in lieu thereof.

[Amended 10-2-1989 by L.L. No. 10-1989]

A. Pursuant to the Village Law, the Planning Board shall require the reservation of land suitable for playgrounds or other recreational facilities or the deposit of moneys into a recreation fund in lieu of such reservation in all subdivisions in accordance with the requirements of this subsection. It is the intention of these provisions to provide the people of the Village of Buchanan with certain planned neighborhood playground areas and to preserve open space for that time when the Village may be largely developed. In subdivisions in which the Planning Board determines that the reservation of land for a recreation area is desirable, the land shall be reserved in accordance with the standards set forth in Subsection B.

B. Amount to be reserved.

(1) Where a recreation area is required to be reserved by the Planning Board, the amount to be reserved shall be one acre for every 20 building lots.

(2) In general, land in subdivisions reserved for recreation purposes shall have an area of at least five acres. When the land required above would create less than five acres, the Board shall require that the recreation area be located at a suitable place on the edge of the subdivision so that additional land may be added at such time as the adjacent land is subdivided.

(3) Land reserved for recreation purposes shall be of a character and location suitable for use as a playground, play field or other recreation purpose and shall be relatively level and dry. A recreation site shall have a total frontage on one or more streets of at least 300 feet, and no dimension of the site shall be less than 200 feet.

C. When a park or playground area shall have been offered for dedication on a plat, in accordance with the standards of this section, the Planning Board shall require the submission of a deed of dedication to the Village of Buchanan.

D. Pursuant to Village Law §§ 7-725, Subdivision (a)(6) and 7-730, Subdivision (4)(c), in those subdivisions in which the Planning Board determines that the reservation of land for a recreation area is not desirable or feasible or in which a reservation would be of inadequate size, the applicant or his agent shall be required to deposit money, in lieu of reserving land, into a Village recreation fund to be used by the Village exclusively for park, playground or other recreational purposes, including the acquisition of property.

[Amended 10-1-2012 by L.L. No. 5-2012; 8-1-2023 by L.L. No. 5-2023]

E. Where moneys in lieu of recreation area are required by the Planning Board, the amount paid shall be at a rate as set from time to time by resolution of the Board of Trustees per building lot, except that there shall be no fee required for the first building lot in the subdivision if said lot contains an existing residential dwelling that is currently occupied.

[Amended 2-7-2011 by L.L. No. 9-2011]

F. Nothing in this section shall be construed as prohibiting a developer from reserving other land for recreation purposes in addition to the requirements of this section.

§ 171-12 Resubdivision.

The procedure used in the approval of a subdivision shall be the same as for a subdivision, except where it may be modified in a particular case by the Planning Board.

§ 171-13 Modifications in procedure and standards.

A. No change in a subdivision, or in the plan of a subdivision already approved, can legally be made without the approval of the Planning Board.

B. The Planning Board may vary, subject to appropriate conditions, such requirements of the foregoing regulations as in its judgment of the special circumstances and conditions relating to a particular plat are not requisite in the interest of the public health, safety and general welfare. When making its determination as to the improvements to be required, the Planning Board shall take into consideration the prospective character of the development and the allowed density of population under Chapter 211, Zoning.

C. Where the applicant desires the variance of any provision of the foregoing regulations, he shall include a request therefor, with a statement of reasons for such request, with his application for the approval of the preliminary layout. The Planning Board shall also hear and decide all matters upon which it is required to pass under this chapter.

§ 171-14 Zoning modifications. [1]

By authorization of the Village Board of the Village of Buchanan, pursuant to the provisions of §§ 179-k, 179-l, 179-m and 179-p of the Village Law,[2] the Planning Board of the Village of Buchanan, New York, has the power to:

A. Approve plats, showing lots, blocks and sites, with or without streets or highways;

B. Pass on and approve the development of plats already filed in the office of the County Clerk, if such plats are entirely or partially undeveloped;

C. Simultaneously with the approval of any plat, confirm the zoning regulations of the land so platted, or to make any reasonable change therein, provided that for such land so platted there shall not be a greater average density of population or cover of land with buildings than is permitted in the district wherein such lands may be, as shown on the Official Zoning Map.

[1] Editor's Note: See also Ch. 211, Zoning.

[2] Editor's Note: See now §§ 7-728, 7-730, 7-732 and 7-738, respectively, of the Village Law.