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:
A. Preparation of sketch plat.
B. Preparation of preliminary plat.
C. Preparation of final 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:
(1) Twelve copies each of a final subdivision plat and final construction plans conforming to all requirements of §§
255-50 and
255-51 of these regulations as well as all conditions, if any, of preliminary plat approval.
(2) A final subdivision application fee, payable to the Village of New
Hempstead, 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 advise the legal owner of the property, the contract
owner of the property, the date the 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 to cover the
cost of such 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.
(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.
(6) Stamped envelopes addressed to each of the owners of property within
500 feet of the perimeter of the subdivision. An affidavit shall be
submitted by the applicant declaring that the names and addresses
of the adjacent property owners are correct as within the knowledge
of the applicant as shown on the latest tax assessment roll.
B. Action by Planning Board. Within 62 days after receipt by the Planning Board of a complete final plat application determined by the Board to be in full compliance with the requirements of §
255-13A of these regulations, the Planning Board shall, by resolution, conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of the plat. The time in which the Planning Board must take action may be extended by mutual consent of the property owner and the Planning Board. Within 30 days of such resolution, the plat shall be certified by the Village Clerk as conditionally approved and one copy shall be filed in the Planning Board office and another copy shall be mailed to the applicant by certified mail, including the certified statement of the requirements which, when completed, will authorize the signing of the conditionally approved final plat. Conditional approval of a final plat shall expire within 90 days after the date of the resolution granting conditional approval, unless such requirements have been completed. The Planning Board may extend this time period for additional ninety-day periods if, in the Planning Board's opinion, such extension is warranted by the particular circumstances.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C. Public hearing.
(1) Within the sixty-two-day period above and before final action, the
Planning Board shall hold a public hearing on the final plat.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2) Public notice.
(a)
The Planning Board Secretary shall:
[1]
Submit notice to the official Village newspaper for publication
and mail copies of the notice to all adjoining property owners within
500 feet of the perimeter of the property and to the Clerk of any
municipality when the land to be subdivided is within 500 feet thereof,
such notice to be published and copies mailed at least 10 days prior
to the public hearing.
[2]
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.
[3]
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.
(b)
The applicant shall install 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.
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 90 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 New Hempstead Village Clerk. The Planning Board
may deny approval of any subsequent section if a prior approved section
has not first been satisfactorily completed.
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. Any
performance bond which is to be posted shall be submitted to the Village
Attorney. The Village Attorney shall be responsible for determining
and certifying to the Planning Board whether or not the surety, form,
sufficiency and manner of execution of the bond is acceptable to and
has been approved by the Board of Trustees.
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:
(1) An engineering inspection fee, payable to the Village of New Hempstead,
as specified in the Fee Schedule adopted by the Board of Trustees.
(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 street 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 New Hempstead in a sum not less than $10,000, which
sum shall be determined by the Village Attorney before signing of
the final subdivision plat.
(3) Where there is no park area shown on the proposed plat, a recreation
fee, payable to the Village of New Hempstead, in the amount specified
in the Fee Schedule as adopted by the Board of Trustees.
(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. The Chairman or other duly authorized
member of the Planning Board shall endorse the Board's final
approval on the plat only after all other required conditions of the
resolution of approval, including the payment of all fees, have been
complied with. Said endorsement shall be by signature and date on
the original of the plat (which shall be kept for filing) and on a
print of the plat (which shall be retained in the record files of
the Planning Board).
I. Filing plat with 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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]