[Amended 6-2-1987]
A.
Whenever any subdivision of land is proposed which would come within the jurisdiction of the Planning Board as defined in §§ 107-23 and 107-24 hereof, the subdividing owner or his authorized agent shall apply for and obtain approval of the proposed subdivision plat in accordance with the following procedure, which consists of three (3) phases: Phase I (§ 107-30) is a suggested initial conference on a sketch layout, which is recommended to the applicant to acquaint him with the Board's requirements, to familiarize the Board with the nature of this proposal and to avoid costly revision of subdivision plats; Phase II (§ 107-31) is review and conditional approval of a preliminary plat; Phase III (§ 107-32) is review and conditional approval of a final plat.
B.
Unless stated otherwise, the procedures of Phases
I, II and III below apply to both conventional and conservation subdivisions.
[Added 12-5-1995]
[Amended 5-1-1984 by resolution; 9-16-1984; 6-2-1987]
A.
Purpose.
(1)
The Planning Board has accumulated considerable information
which may be of material assistance to the prospective applicant.
Therefore, developers in the town are encouraged to schedule a conference
with the Planning Board at one (1) of its regular monthly meetings
before proceeding with the preparation of detailed plans. This will
afford an opportunity to discuss with the Board the requirements as
to the general layout of roads, reservations of land, road improvements,
drainage, sewerage, water, fire protection and similar matters, as
well as the availability of existing services.
(2)
Where a conservation subdivision is proposed, the
initial conference also affords an opportunity to discuss the merit
of such development, the general design and configuration of residential
units, the natural or scenic value of proposed conservation land and
the use of proposed recreation land.
B.
Preparation for the initial conference. The applicant
shall:
(1)
Request the Planning Board Secretary to be placed
on the agenda of a regular monthly meeting of the Planning Board for
an initial conference.
(3)
Study the Town Development Plan to determine what
recommendations may already have been made for the use of this property,
and study the Natural Resource Inventory maps to determine the natural
resource constraints on the property.
(4)
Discuss with the County Health Department those areas
proposed for building sites and private water supply and sewage disposal
facilities.
(5)
Prepare a sketch layout, topographic map and map of
contiguous holdings, including those across the street, to provide
a basis for discussion with the Board of the proposed layout for the
subdivision. Prepare these maps in the manner indicated in § 107-51A,
C and D of these regulations and submit six (6) copies of each to
the Board prior to the initial conference.
(6)
Where a conservation subdivision is proposed, prepare sketch layouts for both conservation and conventional subdivisions. The purpose of the conventional layout is to enable the Planning Board to determine, as required by § 107-49A, the number of conventional subdivision lots which could be permitted if the land were subdivided in accordance with these and all other applicable regulations and in conformance with the minimum lot size and other requirements of the Zoning Chapter of this Code applicable to the district or districts in which such land is situated.
(7)
Where attached residential buildings in a conservation
subdivision are proposed, submit a conceptual plan showing the general
layout of buildings, roads, driveways and open spaces.
C.
Initial conference. At the initial conference, the
Planning Board will discuss the overall aspect of the applicant's
proposed subdivision and may make suggestions for major changes in
the proposed layout.
D.
Field trip. After the initial conference, the Planning
Board may schedule a field trip to the proposed subdivision site,
provided that the applicant has staked the center line of all proposed
roads and the side lot lines, if any, in the following manner:
(1)
Along the center line of each proposed road at intervals
of not more than one hundred (100) feet and at each point of beginning
and ending of each curve. Each stake shall be identified by a station
marking to conform to the subdivision plat and construction plans
as presented and shall be so placed as to extend at least thirty (30)
inches above the ground surface.
(2)
At the approximate intersection of each side lot line
with the road line, marked with the identifying numbers of each abutting
lot, as shown on the subdivision plat. These stakes shall be maintained
in position during construction operations.
(3)
All stakes removed or destroyed prior to the approval
of the subdivision plat shall be replaced by the applicant, if required
by the Planning Board or its authorized representative.
E.
Study of layout.
(1)
The Planning Board will study the practicality of the sketch layout, taking into consideration the declared policy of § 107-25, the requirements of the community and the best use of the land being subdivided. Particular attention will be given to the arrangement of lots, the location, width and safety of proposed road alignments; the relation of these roads to the topography of the land and drainage; the feasibility of providing safe driveway access to potential building sites; the location and layout of proposed, or possible park and recreation areas; the proposed methods for handling water supply and sewage disposal needs; the relationship of the future development of adjoining properties as yet unsubdivided; and the requirements of the Town Development Plan and Official Map.
(2)
Review of a conservation subdivision proposal will
further take into consideration the arrangement of the building structures
on the site and in relation to adjacent properties and the nature
of the preserved open space. The proposal must, in the Planning Board's
judgment, have utilized the permitted flexibility in design to create
a subdivision that is consistent with the most appropriate use of
the land, that results in the preservation of open space with significant
scenic, ecological and/or recreational characteristics and that has
location, access, shape and dimensions which are consistent with its
intended use.
F.
Planning Board review.
(1)
The results of the Planning Board's review of the
sketch layout will be submitted to the applicant in writing.
(2)
Where the Planning Board has determined, pursuant to § 107-50.1, that it will require the submission of a conservation subdivision, the Planning Board shall notify the applicant in writing of the specific zoning modifications which will be required and shall proceed to request authorization from the Town Board to require such modifications.
[Amended 5-1-1984; 6-2-1987]
A.
Submission of 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 Planning Board Secretary.
B.
Items to accompany application.
[Amended 8-4-1987]
(1)
One (1) complete copy of the application form available
from the Planning Board Secretary and a check or money order for the
application fee, payable to the Town of Bedford, in the amount shown
on the fee schedule adopted by the Town Board. The application fee
for a conservation subdivision shall be the same as that required
for a conventional subdivision, except that the fee shall be based
on the number of dwelling units.
(2)
Six (6) copies of the preliminary subdivision plat, preliminary construction plans, topographic map and map of contiguous holdings, which shall show all items listed in § 107-51 thereof.
(3)
Proof of ownership of the premises covered by the
application. (An affidavit of ownership form may be obtained from
the Planning Board Secretary.)
(4)
A list of any and all waivers of the provisions of
the Code which the applicant requests the Planning Board to grant
in his special case, with the reasons for each waiver requested.
(6)
Such additional information, maps or studies, including
but not limited to soils studies, hydrographic studies and ecological
studies, as the Planning Board may deem necessary to study and determine
the capacity of the land in relation to the proposed subdivision and
to prepare any required assessment and/or impact statements. Such
additional information shall include the identification of features
of the property having significant ecological, natural or historical
values and the applicant's proposed methods or plans for preservation
of such features.
(7)
In addition to the items required for any subdivision,
a conservation subdivision application shall be accompanied by the
following:
(a)
A written statement requesting application of
the conservation subdivision procedure to the applicant's property,
describing the proposed conservation subdivision plan and the purpose
to be accomplished by said plan, and listing the proposed modifications
to the applicable provisions of the Zoning Chapter[2] of this Code.
(b)
Six (6) copies each of a preliminary subdivision plat and preliminary construction plans for a conventional subdivision conforming to all requirements of § 107-51 of this Code and such additional information as may be required by the Planning Board to determine the number of conventional lots into which the property could be subdivided in accordance with all applicable regulations.
C.
Field trip. The Planning Board may schedule a field inspection of the proposed subdivision as described in § 107-30D.
D.
Public hearing.
(1)
Within forty-five (45) days of the receipt of a complete
preliminary plat application and all accompanying material in form
satisfactory to the Planning Board, the Board shall hold a public
hearing on said application.
(2)
The Planning Board Secretary shall:
(a)
Submit a notice to the official town newspaper
for publication and to the Clerk of any municipality when the land
to be subdivided is within five hundred (500) feet thereof, such notice
to be published at least five (5) days prior to the public hearing
and copies mailed at least ten (10) days prior to the public hearing.
(b)
File a copy of the application, subdivision
plat and construction plans at the Town Clerk's office for public
review at least five (5) days prior to the public hearing.
(c)
Submit copies of the application, subdivision
plat and final construction plans to the County Planning Board where
the property falls within five hundred (500) feet of county and state
highways or parks, established county drainage channel lines, state
or county owned land on which a public building or institution is
situated or municipal boundaries.
(3)
Notice of public hearing shall be mailed by the applicant
at least ten (10) days prior to the hearing to all owners of lots
within five hundred (500) feet of the perimeter of the subject lot.
The expense of publishing and mailing any notice required by this
Article shall be paid by the applicant, and the applicant must file
with the Planning Board Secretary an affidavit of mailing with a list
of the names of the owners of record of the property within the five
hundred (500) feet, together with the section and lot number of each,
with such written notice prior to the public hearing.
(4)
Where a conservation subdivision is proposed, the
Planning Board Secretary shall forward a set of all pertinent materials
to the Town of Bedford Conservation Board for an advisory report.
(5)
Where a wetlands is involved, the Planning Board Secretary
shall forward a set of all pertinent materials to the Bedford Wetlands
Control Commission for its comments.
E.
Action on preliminary plat application. Within forty-five
(45) days of the date of such hearing, the Planning Board shall approve,
with or without modification, or disapprove 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 § 276
of the Town Law. Within five (5) days of such action, the resolution
shall be certified by the Planning Board Secretary, a copy shall be
filed in the Planning Board office, and a certified copy shall be
mailed to the property owner.
F.
Expiration of approval. Approval of a preliminary
plat may be revoked by the Planning Board if the owner has not submitted
an application for final plat approval within one hundred eighty (180)
days of the date of approval of the preliminary plat.
[Added 12-19-1989]
No application shall be accepted and no approval of a preliminary or a final subdivision plat shall be granted where the Building Inspector finds a violation of Chapter 125 of the Code of the Town of Bedford and where such violation has not been corrected.
[Amended 6-2-1987]
A.
Submission of application. Application for final subdivision
plat approval shall be filed with the Planning Board Secretary. Such
application shall comply with the modifica-tions, if any, required
by the Planning Board at the time of preliminary plat approval and
shall be submitted on forms available from the Planning Board Secretary.
B.
Items to accompany application. Each application for
final subdivision approval shall be accompanied by the following:
[Amended 8-4-1987]
(1)
One (1) completed copy of the application form available
from the Planning Board Secretary and a check or money order for the
application fee, payable to the Town of Bedford, in the amount shown
in the fee schedule adopted by the Town Board. The application fee
for a conservation subdivision shall be the same as that required
for a conventional subdivision, except that the fee shall be based
on the number of dwelling units.
(2)
Six (6) copies each of the final subdivision plat
and final construction plans, which shall show all items listed in
§§ 107-51E and F.
(3)
Statements from the applicant's engineer or surveyor
certifying the total amount of acreage within the subdivision, including
all roads; the total length of all roads; and the estimated cost of
construction of the roads and other improvements proposed within the
subdivision, in the event that the applicant decides to post a performance
bond with the town. The length of a road shall be taken as the horizontal
distance measured along the center line. In computing the total length
of roads, intersections shall be counted only once.
(4)
Formal offer of cession to the public of all roads
or parks, as set forth in § 278 of Town Law, unless the
application has noted on the plat that no offer of dedication is to
be made, in which case the application shall include documents providing
for and fixing responsibility for the necessary maintenance.
(5)
A list of any and all waivers of the provisions of
the Code which the applicant requests the Planning Board to grant
in his special case, with the reasons for each waiver requested.
(6)
Proof of approval by the:
(a)
Bedford Town Board of all proposed road names.
(b)
New York State Department of Transportation,
Westchester County Department of Public Works or Town of Bedford Superintendent
of Highways, as appropriate, of the design and proposed construction
of any intersection of a proposed road in the subdivision with a state,
county or town road.
(c)
Appropriate utility companies of the proposed
location of all underground utility lines and equipment.
C.
Public hearing.
(1)
Within forty-five (45) days of the receipt of a complete
final subdivision plat application and all accompanying materials,
in form satisfactory to the Planning Board, a public hearing shall
be held by the Planning Board.
(2)
The Planning Board Secretary shall submit a notice
of said hearing to the official town newspaper for publication in
said newspaper at least five (5) days before such hearing and shall
file copies of the application, proposed plat and construction plans
at the Town Clerk's office, Town House, Bedford Hills, New York, for
inspection by the public at least five (5) days prior to the public
hearing.
D.
Action on final plat application. Within forty-five
(45) days of the date of such hearing, or within forty-five (45) days
of the receipt of a complete final plat application when a hearing
is waived, 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 applicant
and the Planning Board. Within five (5) days of the date of such resolution,
a copy of the resolution shall be certified by the Planning Board
Secretary and mailed to the applicant. Conditional approval of a final
plat shall expire within one hundred eighty (180) days after the date
of the resolution granting conditional approval, unless such conditions
have been satisfied.
E.
Authorization to file plat by sections.
(1)
The Planning Board may permit the plat to be divided
into two (2) or more sections and may impose such conditions on the
filing of such sections as it deems necessary to assure the orderly
development of the plat. Such authorization shall be conditioned upon
a determination by the Planning Board that the sections are logical
in their extent and that none contain less than ten percent (10%)
of the total lots in the subdivision.
(2)
Conditional approval of all sections, subject to any
requirements imposed by the Planning Board, shall be granted concurrently
with conditional approval of the subdivision plat, and the extent
of each section and all conditions imposed shall be shown on the subdivision
plat. No section shall be approved for filing prior to the satisfactory
completion of all required improvements within another section or
sections upon which it will depend for road access and adequate circulation.
F.
Revision of subdivision plat and construction plans.
(1)
Based upon the resolution prepared in accordance with § 107-32D, the applicant shall revise the subdivision plat and/or construction plans as necessary. The revised subdivision plat and construction plans shall conform to the plat and construction plans considered at the public hearing except for the changes required by the resolution.
(2)
Upon conformance of the subdivision plat and construction
plans to the Board's resolution, the original and two (2) copies of
the plat and three (3) copies of the construction plans shall be submitted
to the Planning Board Secretary for final review by the Planning Board.
The construction plans shall be endorsed by the Chairman as "approved"
before the subdivision plat will be signed or any construction work
permitted.
G.
Performance bond. If the applicant chooses to file
a performance bond to insure completion of all required improvements,
the amount of such bond shall be set by the Planning Board in its
resolution of conditional approval. The applicant shall file the bond
in a form and with a surety approved by the Town Board within the
period designated by the Planning Board.
H.
Expiration of conditional approval. Conditional approval
of a subdivision plat shall expire within one hundred eighty (180)
days after the date of the resolution granting such approval unless
all conditions and requirements of said resolution have been met.
The Planning Board may extend the time in which a conditionally approved
subdivision plat shall be submitted for signature, if, in its opinion,
such extension is warranted by the particular circumstances thereof,
for not to exceed two (2) additional periods of ninety (90) days each.
I.
Formal approval of subdivision plat.
(1)
Signing of plat:
(a)
When a bond is filed. The Planning Board will
endorse approval on the plat after the bond has been approved by and
filed with the Town Board and all the conditions of the resolution
pertaining to modifications of the subdivision plat and construction
plans have been satisfied.
(b)
When a bond is not filed. The Planning Board
will endorse its approval on the plat only after all conditions of
the resolution have been satisfied and all improvements have been
satisfactorily completed.
(c)
Number of copies to be signed. Approval will
be endorsed on the original and one (1) print of the plat. The original
will be returned to the applicant for filing with the County Clerk.
The print will be retained by the Planning Board.
(2)
Plat void if revised after signature. No changes,
erasures, modifications or revisions shall be made by any subdivision
plat after approval has been given by the Board and endorsed by authorized
signature of the plat. In the event that any subdivision plat, when
recorded, contains any such changes, the plat shall be considered
null and void.
J.
Filing plat with County Clerk.
(1)
In accordance with Town Law, the plat shall be filed
with the Westchester County Clerk, Division of Land Records, within
sixty (60) days of the date of signing. The approval of any plat not
so filed shall expire sixty (60) days from the date of signing.
(2)
In the event that the filing of the plat by sections
is authorized by the Planning Board, the first section shall be filed
with the Westchester County Clerk within sixty (60) days of the date
of signing, and the entire approved plat shall be filed with the Bedford
Town Clerk within sixty (60) days of the filing of such section with
the County Clerk. Approval of the remaining sections of the approved
plat shall expire unless said sections are filed within three (3)
years of the date of approval of the entire subdivision plat.
K.
Submission of copies of filed plat.
(1)
The applicant shall submit six (6) copies of the subdivision
plat, showing the endorsement of the County Clerk, to the Planning
Board Secretary within thirty (30) days of the date of filing. Where
the filing by sections is authorized, six (6) copies of each section
showing the County Clerk's endorsement shall be submitted within thirty
(30) days of the date of filing of each section.
(2)
The Planning Board Secretary shall then file one (1)
copy with the Town Clerk's office, one (1) copy with the Town Assessor's
office, one (1) copy with the Building Inspector's office and any
one (1) copy with the Town Engineer.
