A.
The preliminary plat and the supporting documents
for a proposed subdivision constitute the material to be officially
submitted to the Planning Board and later one copy shall become the
official record of the Village Clerk. The preliminary plat and the
supporting documents shall show the general design of the subdivision
and its public improvements so that the Planning Board can indicate
its approval or disapproval of the subdivision prior to the time that
the final plat, including the design and detailing of the public improvements
and utilities, is completed. Approval of the preliminary plat does
not constitute an approval of the final plat nor should it be considered
a valid basis for the construction of site improvements or for other
commitments which depend upon its design characteristics.
B.
When revision of the proposed subdivision is required,
the preliminary plat shall be revised accordingly so that the files
of the Planning Board and other Village officials will be current.
C.
The preliminary plat shall serve as a key map to subdivisions
subsequently laid out in sections on final plats.
[Amended 10-6-2009 by L.L. No. 4-2009; 10-7-2020 by L.L. No. 3-2020]
The Planning Board shall follow procedures as prescribed by
Article 7, § 7-728, of the Village Law and by this chapter.
A.
The submission of a preliminary plat shall consist of the following
items:
(1)
Application for the subdivision of land as prescribed by the Planning
Board.
B.
A proposed submission which does not include all the required drawings
and documents will not be accepted for filing. A submission shall
be filed by the deadline as prescribed by the Planning Board.
D.
The Planning Board shall refer any matter involving any areas in
accordance with §§ 277.61 and 277.71 of the Westchester
County Administrative Code and §§ 239-l, 239-m and
239-n of the New York State General Municipal Law to the Westchester
County Planning Board.
E.
The Planning Board shall take formal action either approving or disapproving
the preliminary plat submission, and a copy of such action will be
forwarded to the subdivider or his representative who appeared on
his behalf to the Village Clerk and to the Village Engineer.
F.
If the approved preliminary subdivision of land occurs within 500
feet of the Village boundary, a copy of the preliminary plat shall
be sent by the Planning Board Secretary to the appropriate municipal
official of the adjoining community.
G.
A preliminary plat shall not be considered complete until a negative
declaration has been filed or until a notice of completion of the
draft environmental impact statement has been filed in accordance
with the provisions of the State Environmental Quality Review Act.[1] The time periods for review of a preliminary plat shall
begin upon filing of such negative declaration or such notice of completion.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
H.
Public hearing on preliminary plats. The time within which the Planning
Board shall hold a public hearing on the preliminary plat shall be
coordinated with any hearings the Planning Board may schedule pursuant
to the State Environmental Quality Review Act,[2] as follows:
(1)
If such board determines that the preparation of an environmental
impact statement on the preliminary plat is not required, the public
hearing on such plat shall be held within 62 days after the receipt
of a complete preliminary plat by the clerk of the Planning Board;
or
(2)
If such board determines that an environmental impact statement is
required, and a public hearing on the draft environmental impact statement
is held, the public hearing on the preliminary plat and the draft
environmental impact statement shall be held jointly within 62 days
after the filing of the notice of completion of such draft environmental
impact statement in accordance with the provisions of the State Environmental
Quality Review Act. If no public hearing is held on the draft environmental
impact statement, the public hearing on the preliminary plat shall
be held within 62 days of filing the notice of completion.
[2]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
I.
The Village will advertise a public hearing at least 10 days prior
to the hearing date. In addition to such published notice, the Planning
Board shall cause such notice to be mailed at least 10 days before
the hearing to all owners of property which lie within 300 feet of
any boundary line of the property which is the subject matter of the
application and to such other owners as the Planning Board may deem
advisable. The names of said owners shall be taken as they appear
on the last completed tax roll of the Village. Provided that due notice
shall have been published as required by law and that there shall
have been substantial compliance with the remaining provisions of
this section, the failure to give notice in exact conformance herewith
shall not be deemed to invalidate action taken by the Planning Board
in connection with such application.
J.
The hearing on the preliminary plat shall be closed upon motion of
the Planning Board within 120 days after it has been opened.
K.
Decision. The Planning Board shall approve, with or without modification,
or disapprove such preliminary plat as follows:
(1)
If the preparation of an environmental impact statement on the preliminary
plat is not required, such board shall make its decision within 62
days after the close of the public hearing; or
(2)
If an environmental impact statement is required, and a public hearing
is held on the draft environmental impact statement, the final environmental
impact statement shall be filed within 45 days following the close
of such public hearing in accordance with the provisions of the State
Environmental Quality Review Act.[3] If no public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of the public hearing on
the preliminary plat. Within 30 days of the filing of such final environmental
impact statement, the Planning Board shall issue findings on the final
environmental impact statement and make its decision on the preliminary
plat.
[3]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
(3)
If the Planning Board is not the lead agency and an environmental
impact statement is required, the Planning Board shall make its own
findings and its decision on the preliminary plat within 62 days after
the close of the public hearing on such preliminary plat or within
30 days of the adoption of findings by the lead agency, whichever
period is longer.
(4)
Grounds for decision. The grounds for a modification, if any, or
the grounds for disapproval shall be stated upon the records of the
Planning Board. When so approving a preliminary plat, the Planning
Board shall state, in writing, any modifications it deems necessary
for submission of the plat in final form.
[Amended 8-3-1999 by L.L. No. 2-1999]
The filing fee shall be set from time to time
by resolution of the Village Board of Trustees[1] for each acre or part thereof covered by the proposed
subdivision, including all reserved parcels.
[1]
Editor's Note: The Schedule of Fees is on
file in the Village offices.
[Amended 10-6-2009 by L.L. No. 4-2009]
Within five business days from the date of the
adoption of the resolution stating the decision of the Board of the
preliminary plat, the Chairman or other duly authorized member of
the Planning Board shall cause a copy of such resolution to be filed
in the office of the Village Clerk. Within six months of the approval
of the preliminary plat, the owner must submit the plat in final form.
If the final plat is not submitted within six months, approval of
the preliminary plat may be revoked by the Planning Board. No Planning
Board action will be taken after such expiration until a new application
and filing fee are submitted.
The preliminary plat shall be prepared by a
licensed professional engineer and land surveyor and shall provide
the information noted in this section as follows:
B.
Title block. The title block shall include the following:
(1)
Name of the subdivision and the municipality within
which it is situated.
(2)
Name and address of the subdivider.
(3)
Name, address, license number and seal of the professional
engineer and land surveyor who prepared the drawings.
(4)
Total acreage for the entire tract and for each zone
district within the tract.
(5)
Total number of proposed lots.
C.
Other notations.
(1)
Date of original submission and of each subsequent
revised submission.
(2)
Graphic scale. The subdivider shall be guided by the
Village Engineer in fixing the appropriate scale for the preliminary
plat.
(3)
True and magnetic North point and the date taken.
(4)
Certification by the licensed land surveyor that the
topography shown resulted from an actual survey and the date of that
survey.
D.
Key map. The key map shall include the following:
(1)
Scale: one inch equals 50 feet or other appropriate scale depending
on the size of the lot to be subdivided.
[Amended 10-6-2009 by L.L. No. 4-2009]
(2)
Information:
(a)
Relationship to the existing highway system,
main intersections and Master Plan of streets and highway.
(b)
Boundary lines for building zone districts,
special districts and Village properties and boundaries.
(c)
Subdivision streets and blocks in scale.
(d)
Cut lines as needed when there are two or more
drawings to show the complete subdivision.
E.
Subdivision boundary line and survey date (heavy solid
line).
F.
Boundaries of adjacent properties and property owners'
names. Adjacent properties which are a part of a recorded subdivision
plat may be identified by the subdivision name.
H.
Topographic contours at five-foot intervals referred
to the United States Coast and Geodetic Survey datum of mean sea level.
I.
Existing site conditions:
(4)
Other utility structures, such as water and gas mains
and power lines on the subdivision and within 200 feet of its boundaries,
including location and size or capacity.
(5)
Marshes, ponds, streams, land subject to periodic
or occasional flooding and similar conditions on the subdivision and
within 200 feet of its boundaries, including:
(6)
Test hole data, including:
(a)
Date, location and graphic representation of
findings for all test holes, including groundwater levels. One test
hole shall be required for each acre of land to be subdivided.
(b)
Locations shall include critical conditions
and areas where drainage structures requiring seepage are to be constructed.
(7)
Village or other public lands, lands designated as
parks, open spaces or for some other public use.
(8)
Buildings and other structures located on the subdivision
and within 200 feet of its boundaries.
J.
Proposed site conditions (See Article VI, Design Standards.)
(2)
Lot layout.
(a)
Lot lines and dimensions to the nearest foot.
(b)
Building setback line (dashed) and dimension.
(c)
Easements and restricted areas with notation
as to purpose or restriction.
(d)
Identification of lots or parcels for special
uses, whether they are to be offered for dedication or not.
(e)
Layout for all reserved parcels in conformance
with existing zoning regulations shown in a broken line.
