[Amended 12-21-2004 by L.L. No. 13-2004; 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 final plat (before Planning Board review) shall consist of the following items:
(1) Application for the subdivision of land, as prescribed by the Planning Board.
(2) The final plat, three paper prints, including signed approval from the Westchester County Department of Health.
B. If the 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.
C. Prior to final action, the Planning Board shall refer any matter involving any of the 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.
D. The applicant must supply the proper documentation and forms that are applicable to Chapter
118, Environmental Quality Review, and Chapter
262, Local Waterfront Consistency, of this Code and 6 NYCRR Part
617, State Environmental Quality Review (SEQR).
E. When no preliminary plat is required to be submitted, a final 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. The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion.
F. 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 lay 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.
G. Public hearing on final plats. The time within which the Planning Board shall hold a public hearing on the final plat shall be coordinated with any hearings the Planning Board may schedule pursuant to the State Environmental Quality Review Act, as follows:
(1) If such board determines that the preparation of an environmental impact statement on the final plat is not required, the public hearing on such plat shall be held within 62 days after the receipt of a complete final 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 final 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 final plat shall be held within 62 days of filing the notice of completion.
H. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
I. Decision. The Planning Board shall approve, with or without modification, or disapprove such final plat as follows:
(1) If the preparation of an environmental impact statement on the final 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. 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 final 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 final plat.
(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 final plat within 62 days after the close of the public hearing on such final 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.
(5) A letter, in appropriate cases, directed to the Chairman of the Planning Board, signed by a responsible official of the New York State Department of Public Works or the Westchester County Superintendent of Highways, approving proposed construction on state or county rights-of-way.
(6) Deeds of dedication, (standard law form) three copies each for all properties, including street rights-of-way, to be offered to the Village for dedication.
(7) Lot areas for each lot measured accurately to the nearest square foot, which shall be shown on the final plat drawing.
J. The Village shall retain one complete set of the final plat submission for the municipal records.
K. The Village Engineer may prepare a report of findings for planning consideration and action.
L. The Village Engineer shall prepare a performance bond estimate before issuance of a building permit for any approved final plat subdivision.
M. After public hearing, the Planning Board will take formal action. If the plat is approved, the subdivider shall carry out the following steps prior to obtaining the Chairman's signature of approval:
(1) Make all required corrections or meet all required conditions to the satisfaction of the Planning Board and/or the Village Engineer.
(2) Agree to obtain a performance bond in the amount of the bond estimate and a general liability insurance policy and submit them to the Corporation Counsel for approval as to form. (See Article
V.)
(3) Pay the required inspection fee.
N. If authorized by the Planning Board, the Chairman will sign his approval on the final plat, the approved road profiles and the public improvement and utility plan.
O. The subdivider shall prepare and submit, to the Building Department, prints of the signed final plat drawings as follows:
(1) Two copies on linen paper or Mylar transparency and two paper prints.
P. The Building Department shall retain one copy of the signed final plat for the municipal records and one paper copy and distribute the remaining prints as follows:
(1) Planning Department: one paper print.
(2) Tax Assessor: one Mylar print.
Q. The subdivider shall file a signed, original approved plat (not including the supporting drawings and documents) in the Westchester County Register's Office, within 90 days of signed approval, unless granted an extension according to the provisions of §
233-11.
R. Planning Board approval of a final plat shall not be deemed an acceptance by the Village of any street or other land shown as offered for dedication to public use.
S. The retention of consultants and payment for professional services provided by such consultants, including Village staff, shall be governed by the provisions in Chapter
91, Article
III (Building Construction, Fees).