As used in this article, the following terms shall have the
meanings indicated:
The Planning Board.
The Village Clerk of the Village of Dobbs Ferry.
A street open or connecting with another street at one end
only.
The final plan, showing the location, in plan and profile,
of all details of construction of a subdivision, prepared in accordance
with Board approval.
The final drawings of the layout of a subdivision, prepared
in accordance with Board approval.
A parcel or plot of land occupied or designed to be occupied
by one principal building and its accessory buildings, if any, including
such yards or open spaces as are arranged or designed to be used in
connection with such buildings.
A comprehensive plan prepared by the Planning Board pursuant
to § 7-722 of the Village Law, including the Vision Plan,[1] which indicates the general locations recommended for
the various functional classes of public works, places and structures
and the general physical development of the Village and includes any
unit or part of such plan separately adopted and any amendment to
such plan or parts thereof.
The map established by the Board of Trustees pursuant to
§ 7-724 of the Village Law, showing all the streets, highways
and parks theretofore laid out, adopted and established by, and any
amendment thereto adopted by, the Board of Trustees, or additions
thereto resulting from the approval of subdivision final plats by
the Planning Board or Board of Trustees and the recording thereof
in the Westchester County Clerk's office.[2]
A map or plan showing the division of any parcel of land
into two or more lots, blocks, sites or other subdivisions of land.
A plan showing the proposed location, in plan and profile,
of all details of construction of a subdivision.
The preliminary drawings showing the proposed layout of a
subdivision.
Any change of existing property lines or of property lines
shown on a plat filed in the office of the County Clerk.
The owner of land to be subdivided or his authorized agent.
The division of any parcel of land into two or more lots,
plots, sites or other divisions of land, including resubdivision as
defined herein.
The Village Law of the State of New York.
[1]
Editor's Note: The Vision Plan is on file in the Village office.
[2]
Editor's Note: The Zoning Map is included at the end of this chapter.
A.
Approval authority.
(1)
The Planning Board shall have the following powers:
(a)
Authority to approve plats showing lots, blocks or sites, with
or without streets or highways, pursuant to the provisions of §§ 7-728,
7-730 and 7-732 of the Village Law, and simultaneously therewith to
confirm the zoning regulations of the land so platted as shown on
the Zoning Map of the Village.
(b)
Authority to approve the development of plats entirely or partially
undeveloped and which have been filed in the Westchester County Clerk's
office prior to the appointment of the Planning Board and the grant
to such board of the power to approve plats, pursuant to the provisions
of §§ 7-728 and 7-730 of the Village Law.
(2)
Pursuant to § 7-728 of the Village Law, the Clerk shall,
upon the adoption of this section and any amendments thereto, immediately
file certificates thereof with the Clerk of Westchester County.
B.
Parkland issues. All lots that are created and/or subdivided shall be subject to an assessment of a recreation fee as determined by the Village Board of Trustees and/or Planning Board. The Village Board of Trustees hereby finds that the provisions of Article XII related to parkland shall apply equally to lots that are subdivided.
C.
Site plan. Site plan review, as described in Article XII, is required for most properties proposed for development in the Village of Dobbs Ferry, including single-family homes. The Planning Board and the applicant may agree to conduct a single site plan review for the proposed subdivision or for a phase of the subdivision to avoid the duplication of efforts and the segmentation of the site plan review process. This agreement may allow the site plan review to be concurrent with the subdivision review or to follow completion of the subdivision approval. The Board of Trustees may have site plan authority over said plans.
No application for subdivision approval of premises shall be
considered, and no informal conference or preliminary review in relation
thereto shall be conducted, unless and until all amounts due the Village
as real estate taxes and special assessments on said premises, together
with all penalties and interest thereon, shall have been paid.
A.
Adequate, convenient and suitable areas for parks or playgrounds
or other recreational purposes shall be set aside in the subdivision
and to be dedicated to the Village. No arbitrary percentage of area
is prescribed by the Board, but, in general, subdividers will be required
to set aside up to 10% of the area for these purposes.
B.
If the Planning Board shall determine that a suitable park or parks of adequate size cannot be properly located in any such subdivision or cluster development or is otherwise not practical, it shall require as a condition to approval of any such subdivision or cluster development a payment to the Village of a sum to be determined by the Board of Trustees for each new lot or dwelling unit created, as provided for in § 300-52J, which sum shall constitute a trust fund to be used by the Board of Trustees exclusively for neighborhood parks, playgrounds or recreation purposes, including the acquisition of land. Each new lot created shall trigger the requirement to pay any and all fees as determined by the Board of Trustees. The provisions of § 300-52J shall apply to each new lot created.
C.
Resubdivisions of properties which do not increase the number of
building lots shall not be subject to this provision.
A.
The property shall be such that it can safely be used for the building purposes contemplated by the plan, in conformity with the applicable requirements of this Chapter 300, Zoning and Land Use, of this Code, and without danger to health or peril from fire, flood or other menace, taking into consideration its location, elevation, grade and drainage.
B.
In its discretionary actions under these subdivision regulations,
the reviewing agency should take into consideration said statement
of policies, principles and guides, as appropriate.
In general, proposed subdivisions shall conform to the Official
Map and any Vision Plan theretofore adopted.
The arrangement of streets in the subdivision shall provide
for the continuation of the principal streets adjoining the subdivision
and/or for the future connection of streets within the subdivision
to adjoining vacant property over designated rights-of-way in such
a manner that same are not barred by reserve strips adjacent to the
subdivision. All streets and rights-of-way shall be dedicated to the
Village. Intersections with or extensions of existing streets shall
be so located as not to create traffic hazards or congestion.
The width, grade and location of streets shall be sufficient
to accommodate the prospective traffic and to provide access to buildings
for fire-fighting equipment. In general, street rights-of-way should
be 50 feet wide with a pavement between curbs 35 feet wide. Greater
width may be required for certain principal streets and highways and
narrower widths may be permitted where deemed appropriate by the Planning
Board. Generally, street grades shall be not less than 1% nor greater
than 10%, and adjoining grades shall be connected by suitable vertical
curves. For summit and sag curves, the design speed shall be not less
than 30 miles per hour with a nonpassing sight distance of 200 feet.
In general, street lines within a block deflecting from each other
at any one point more than 10° shall be connected with a curve,
the radius of which for the inner street line shall be not less than
100 feet, with the outer street line parallel thereto.
Dead-end streets shall generally not exceed 400 feet in length.
A paved circular turnaround having a radius of 40 feet for the outside
curb shall be installed at the closed end of each such street longer
than 250 feet.
Block lengths shall not exceed 1,200 feet.
Intersecting street right-of-way lines forming corners should
be connected by a curve having an appropriate radius for the design
load and speeds of the streets, generally a maximum of 30 feet and
a minimum of 15 feet, with the roadway curbing and paving having a
corresponding proportional radius.
The preliminary plat, preliminary construction plan, final plat
and final construction plan of the subdivision and all procedures
relating thereto shall, in all respects, be in full compliance with
the provisions of §§ 7-728 and 7-730 of the Village
Law and this chapter, except where variation therefrom may be specifically
authorized by the Board.
Subdividers are required to have a presubmission conference
with the Planning Board in regard to their proposed subdivisions prior
to filing formal applications as hereinafter provided.
Whenever any subdivision is proposed to be made or the development
is proposed of a plat, entirely or partially undeveloped, and which
had been filed in the Westchester County Clerk's office prior to the
appointment of the Planning Board and the grant to such Board of the
power to approve plats, and before any conduct for the sale of or
any offer to sell such subdivision or plat or any part thereof is
made by lot numbers, and before any permit for the erection of a structure
shall be granted, the subdivider shall apply in writing to the Planning
Board on forms provided by the Land Use Officer for approval of a
preliminary plat. This preliminary plat application and support documentation
shall be submitted in accordance with the timing requirements established
by the Land Use Officer prior to the regular Planning Board meeting
at which the preliminary plat is to be officially considered.
A.
Each application shall be accompanied by the following:
(1)
Proof of ownership of the land to be subdivided, in a form approved
by the Village Attorney.
(2)
Copies in the requisite number required by the Land Use Officer each
of the preliminary plat and the preliminary construction plan, clearly
marked "preliminary plat" and "preliminary construction plan."
(3)
A properly completed application form and a filing fee in an amount
as set from time to time by the Board of Trustees.
(4)
A draft stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 262 of the Village of Dobbs Ferry Village Code shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in § 262-8 of the Village of Dobbs Ferry Code. The approved preliminary subdivision plat shall be consistent with the provisions of this chapter.
(5)
An environmental assessment form (EAF) properly completed.
(6)
A coastal assessment form (CAF) properly completed.
(7)
All additional submittal requirements cited in Appendix D.[1]
[1]
Editor's Note: Appendix D is included at the end of this chapter.
A.
After the time of submission of the preliminary plat application
to the Land Use Officer, the Planning Board shall take action in accordance
with the provisions provided by New York State Village Law to conditionally
approve, with or without modifications, or to disapprove such preliminary
plat, and the grounds for the action taken shall be stated on the
records of the Board.
(1)
Prior to such conditional approval, with or without modifications,
or disapproval of such preliminary plat, a public hearing shall be
held by the Planning Board on the application.
(2)
Notice of such hearing shall be published by the Clerk in one issue
of the official newspaper of the Village and posted in at least three
prominent places in the Village at least seven days preceding the
date of the hearing.
(3)
A certified letter including a notice of the hearing shall be mailed
to the owners of all properties within 200 feet of the subject property.
(4)
A sign provided by the Land Use Officer shall be placed on the subject
property announcing that the property is subject to Planning Board
review, providing a telephone number for persons interested to call
for additional information.
(5)
Proof that all inspection and consultant fees required by the Village
of Dobbs Ferry have been paid in full.
B.
Notice of such hearing shall be mailed at least 10 days prior to
such hearing to the Westchester County Planning Board and an abutting
municipality in accordance with applicable law.
C.
Should the application be disapproved, a new application may be filed
with the Clerk.
D.
Approval, with or without modifications, of the preliminary plat
shall expire within six months, except that the time limit may be
extended by resolution of the Board.
A.
Within six months of the approval, with or without modifications
of the preliminary plat, or within the time limit set by resolution
by the Board, the subdivider shall apply in writing to the Board on
forms provided by the Land Use Officer for approval of the final plat.
All applications shall be filed with the Clerk in accordance with
the timing requirements established by the Land Use Officer prior
to the regular Planning Board meeting at which the final plat is to
be officially submitted and considered.
B.
Each application shall be accompanied by the following:
(1)
The requisite number of copies each of the final plat and the final
construction plan, clearly marked "final plat" and "final construction
plan."
(2)
Formal offers of cession to the Village of all streets and parks
shown on the plat and marked with a notation to the effect that an
offer of dedication of such streets and parks is made to the public.
(3)
A statement by the subdivider that he will install all improvements
in accordance with the standards prescribed by the departments of
the Village having jurisdiction and set all monuments shown on the
final plat and/or final construction plan in such manner as the Board
may designate.
(4)
An application for an excavation permit with accompanying documents
as required by this Code.
(5)
A properly completed application form provided by the Land Use Officer
and a filing fee in an amount as set from time to time by the Board
of Trustees.
(6)
A stormwater pollution prevention plan consistent with the requirements of Chapter 262 of the Village of Dobbs Ferry 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 § 262-8 of the Village of Dobbs Ferry Code. The approved final subdivision plat shall be consistent with the provisions of this chapter.
A.
Upon submission of the final plat or proposed development, the Board
may approve, modify and approve, or disapprove the proposed subdivision
or proposed development of the plat, and the grounds for the action
taken shall be stated on the records of the Board in accordance with
this chapter and the New York State Village Law.
(1)
Prior to such approval, modification and approval, or disapproval,
a public hearing shall be held by the Board on the application.
(2)
Notice of such hearing shall be published by the Clerk in one issue
of the official newspaper of the Village and posted in at least three
prominent places in the Village at least seven days preceding the
date of the hearing.
(3)
A certified letter including a notice of the hearing shall be mailed
to the owners of all properties within 200 feet of the subject property.
(4)
A sign provided by the Land Use Officer shall be placed on the subject
property announcing that the property is subject to Planning Board
review, providing a telephone number for persons interested to call
for additional information.
(5)
Proof that all inspection and consultant fees required by the Village
of Dobbs Ferry have been paid in full.
B.
Notice of such hearing shall be mailed at least 10 days prior to
such hearing to the Westchester County Planning Board and an abutting
municipality in accordance with applicable law.
C.
The installation of fire alarm signal devices, including necessary
connecting facilities, shall be required or waived only with the approval
of the Board of Fire Commissioners of the Village.
D.
Should the application be disapproved, a new application may be filed
with the Clerk.
Any approval or modification and approval granted hereunder
shall expire within a period of 90 days from the date thereof unless
the following procedure is complied with.
A.
The following documents are filed with the Clerk:
(1)
An excavation permit issued by the Building Department pursuant to Chapter 171, Excavations and Grading, of this Code.
(2)
The original and six copies each of the final plat and the final
construction plan of the subdivision, conforming in all respects to
the conditions, if any, of the Board's approval.
(3)
Deeds of dedication to the Village covering all streets and parks
shown on the final plat proposed to be dedicated to the public.
(4)
Deeds of easements to the Village covering such rights-of-way, storm
drains, sewers, water mains and other services as may be required
by the Board.
(5)
A performance bond in the amount determined by the Board to cover
the cost of installation of all the required improvements if such
improvements have not been or will not be installed within the ninety-day
period.
(6)
A maintenance bond in the amount determined by the Board to cover
all installations for a period of 24 months from the date of acceptance
thereof by the Village.
(7)
Evidence of the existence of workers' compensation insurance and
public liability insurance covering bodily injuries and property damage,
protecting the Village in amounts and under conditions approved by
the Village Attorney, supplemented by a stipulation that the subdivider
will hold the Village harmless in the case of any claims for injuries
or damages as the result of operations of the subdivider and the general
contractor and subcontractors. Such insurance and stipulation shall
be maintained in full force until released with the approval of the
Village Attorney.
(8)
Any other bonds, deposits, insurance policies and documents required
by the resolutions of the Board.
B.
Upon compliance by the subdivider with the foregoing, the Clerk shall
then certify the original of the final plat, which the subdivider
shall then file in the Westchester County Clerk's office (Division
of Land Records).
C.
Posting of a bond with the Village as provided in § 7-730
of the Village Law, subject to approval of the form of the bond by
the Village Attorney.
Prior to granting its approval, the Board may permit the plat
to be subdivided into two or more sections and may impose such conditions
upon the 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 the approval of the plat. If the owner shall file only a section
of an approved plat within such ninety-day period, the approval of
the remaining sections of the approved plat shall expire unless said
sections are filed within three years of the filing of the first section.
In the event the owner shall file only a section of such approved
plat in the Westchester County Clerk's office, the entire approved
plat shall be filed within 30 days of the filing of such section with
the Clerk. Sections shall encompass at least 10% of the total number
of lots contained in the approved plat.
The Board may extend the time for filing and recording an approved
plat if, in its opinion, such extension is warranted by the particular
circumstance thereof, for not to exceed two additional periods of
90 days each.
The following shall be complied with before acceptance by the
Village of Dobbs Ferry of any dedicated streets, property offered
for dedication, or other subdivision improvements:
A.
The subdivider shall grade and pave all streets or other public places
and shall install monuments, curbs, gutters, water mains, sanitary
sewers, storm drains, street signs, streetlights and sidewalks, and
street trees if required, and all other improvements shown on the
final plat and/or on the final construction plan, in accordance with
standards, specifications and procedures acceptable to the appropriate
departments of the Village within such period of time as may be determined
by the Board.
B.
To obviate the need for street openings after streets have been paved
and dedicated to the Village, the subdivider shall, at the time of
street construction, install laterals for all house connections to
all building lots from sewer, water and gas mains, and storm drains
to the drainage system.
C.
The Building Inspector may require additional catch basins to those
shown on the final construction plan, if necessary.
D.
Water mains, fire hydrants and fire alarm boxes shall be installed
as directed by the Fire Chief and shall be placed in operation prior
to the issuance of building permits. The cost of the water therefor
prior to the acceptance of the dedication of the streets by the Village
shall be borne by the subdivider.
E.
Streetlights shall be installed on poles of the type and at intervals
as required by and with the direction of the Planning Board and shall
be lighted prior to the acceptance of the dedication of the streets
by the Village or as directed by the Land Use Officer, at the expense
of the subdivider. Temporary lighting, as directed by the Land Use
Officer, shall be provided at the expense of the subdivider.
F.
Village standard street name signs shall be installed as directed
by the Land Use Officer.
G.
The strip of land, nine feet six inches wide, outside of and bordering
the curbline shall be at a grade with regard to the curbline not exceeding
one foot in 10 feet except where topographic features make this impractical,
as agreed by the Land Use Officer. In such cases, the grade of the
strip shall, at the discretion of the Land Use Officer, extend a minimum
of four feet at a grade of one foot in 10 feet from the curb, then
blend into the natural terrain in heavy rock cuts, or six feet at
a grade of one foot in 10 feet in heavy fill areas. In determining
the grade of the strip, consideration shall be given to the possible
future need for a sidewalk on the side of the street where a grade
of one foot in 10 feet for the full width of the strip is impractical
because of topographic features. The exercise of the aforesaid discretion
granted to the Land Use Officer is contingent upon the filing in the
Westchester County Clerk's office (Division of Lands Records) by the
subdivider of a revised approved subdivision plat of the area involved
showing the boundaries of the street right-of-way as adjusted. In
addition, the subdivider shall file with the Village a revised deed
including the changes to the streets. The curb strip shall be free
of all obstructions except such trees as shall have been designated
to be saved or planted by agreement with the Planning Board and/or
Land Use Officer. The lots and curb strips shall be so graded as to
drain into the street. Where excessive drainage from private property
is probable, that portion of the strip immediately bordering the curb
shall be drained by a swale or other suitable means, as directed by
the Land Use Officer, whether designated prior to approval and shown
on the plans or deemed to the Land Use Officer to be necessary to
accommodate site conditions.
H.
The Land Use Officer shall have the right to stop all building and/or
excavation operations should there be a violation of any Village ordinance,
with such work stoppage continuing in effect until each and every
violation is corrected to the satisfaction of the Land Use Officer.
I.
With the purpose of preserving suitable trees in the public interest,
the subdivider shall exercise all reasonable care to preserve all
trees designated for preservation as shown on the plans approved by
the Planning Board, on the topographic survey accompanying the application
for the excavation permit, or otherwise by agreement with the Land
Use Officer. In the event any tree designated to be saved is accidentally
damaged to the extent that it may die, in the opinion of the Land
Use Officer, the subdivider, at his own cost and expense, shall remove
the tree in a manner prescribed by the Land Use Officer. Trees in
areas offered for dedication to the Village, which are designated
for removal by the Land Use Officer because they are in a dangerous
condition, shall be removed at the cost and expense of the subdivider
prior to acceptance or dedication. All trees located within the nine-foot-six-inch
strip outside of and bordering the curbline, and any trees bordering
such strip that in the opinion of the Land Use Officer are damaged
to the extent that they may die, shall be removed by the subdivider.
To assure the planting of street trees in the public interest, the
subdivider shall deposit with the Village, in a form acceptable to
the Village Attorney, an amount, to be determined by the Planning
Board, as a guaranty that the subdivider will plant such street trees
as directed by the Land Use Officer or as reimbursement to the Village
for planting street trees in the event the subdivider fails to plant
them. In case the subdivider plants such trees or the cost of the
trees planted by the Village to replace the trees planted by the subdivider
is less than the amount deposited with the Village, any moneys in
such fund remaining unexpended by the Village after the expiration
of one year from the date of acceptance of streets by the Village
shall be returned to the subdivider.
J.
The subdivider shall file with the Land Use Officer an as-built plan
of the entire subdivision, showing in detail all streets, sewers,
storm drains, springs, gaslines and waterlines including lateral connections
to every lot, streetlights, hydrants, fire alarm boxes and trees designated
for preservation.
K.
Any questions of interpretation of the meaning of the resolutions
approving subdivisions shall be determined by the Land Use Officer.
L.
The installation of all streets and public utilities shall be supervised,
at the expense of the subdivider, by a civil engineer licensed by
the State of New York. The subdivider shall furnish the Land Use Officer
with the names of the licensed land surveyors and civil engineers
either employed or to be employed on the subdivision by the subdivider
in order to avoid conflicts with consultants selected by the Village.
The supervising civil engineer shall be present at the site, as required
by the Land Use Officer, until the subdivision work is completed and
approved.
[Amended 6-14-2011 by L.L. No. 6-2011]
M.
When, in the judgment of the Land Use Officer, inspection of work
in process or finished is needed, he shall be authorized to employ
a qualified inspector at the expense of the subdivider.
N.
To expedite operations and prevent misunderstandings, conferences
on the site of the subdivision shall be held one week before any street
construction, grading operations or utility installations are begun,
and weekly thereafter or as often as requested by the Land Use Officer.
Such conferences shall be attended by the Land Use Officer, land surveyor
and engineer of record, representative of the subdivider and the general
contractor. Minutes of each conference shall be prepared by the engineer
of record or other qualified person approved by the Land Use Officer,
and the Land Use Officer shall receive the original copy of the minutes
within three days following the date of the conference and as many
additional copies as he may reasonably request.
O.
No building permit shall be issued for any house unless all the improvements
deemed essential at the time by the Land Use Officer and located between
the lot on which such house is to be erected and the nearest public
street have been completed and drainage from locations adjoining or
above such lot has been adequately controlled.
P.
No certificate of occupancy shall be issued unless all required improvements
located between the house for which the certificate of occupancy is
requested and the nearest public street have been completed and drainage
from locations adjoining or above such house has been adequately controlled
and the streets between such house and the nearest public street have
been completed, with the exception of the top course.
Q.
The subdivider shall authorize the Village to make passable and maintain
the streets shown on the subdivision plat during winter weather conditions
as if same were public streets of the Village, and the subdivider
shall reimburse the Village for the reasonable cost of said work and
shall repair any damage to said streets resulting from said work prior
to acceptance by the Village of the dedication of said streets.
R.
Traffic control signs shall be installed as directed by the Chief
of Police.
S.
Any other conditions of the resolution approving the subdivision.
T.
Unless specifically stipulated by separate agreement approved by
the Village Board of Trustees in a form acceptable to the Village
Attorney, all costs and expenses for this work shall be the responsibility
of the subdivider and shall be completed at his sole expense.
