A.
Prior to the filing of an application for conditional
approval, the subdivider should meet in person with the Commission
or its designated representative to discuss the proposed subdivision
so that the necessary subsequent steps may be undertaken with a clear
understanding of the Commission's attitude and requirements in matters
of land development.
C.
Within five days after the next regularly scheduled
meeting of the Commission following said preapplication, the Commission
shall notify the subdivider that the plans and data as submitted do
or do not meet the objectives of these regulations, and, if not, it
shall state its reasons therefor.
D.
Notwithstanding the requirements of this section, in the event that a proposal shall constitute a minor subdivision, as defined herein, the preapplication procedure required by this section and the requirements for preliminary layout and review pursuant to § 510-5 may be waived by the Department of Planning, Development and Code Enforcement. Notwithstanding the waiver of these provisions, the Planning Commission shall not be authorized to issue any final subdivision approval for a minor subdivision without first holding a public hearing thereon.
[Added 3-10-1992, approved 3-23-1992]
B.
Application for conditional approval of the preliminary
layout shall be submitted in writing by the subdivider to the Commission,
together with the original and three prints of the preliminary layout
and other specified documents, at least 10 days prior to the meeting
at which it is to be considered. The commission shall send one print
to the City Engineer for his review and comments. If, in the opinion
of the Commission, the character of the subdivision (by reason of
size or design) so warrants, it may hold a public hearing on the preliminary
layout. A preliminary plat application shall be considered to be incomplete,
shall not be accepted for review and shall not be entertained if it
is in relation to any property:
[Amended 1-14-2008 by L.L. No. 1-2008]
(1)
Which, at the time of the application, is in violation
of this chapter or the New York State Uniform Fire Prevention and
Building Code except in furtherance of curing the violation; or
(2)
Which is in common ownership with any other property
in the City of Peekskill which is in violation of this chapter or
the New York State Uniform Fire Prevention and Building Code; or
(3)
Which has ever been in common ownership with any other
property in the City of Peekskill that:
(a)
Is in violation of this chapter or the New York
State Uniform Fire Prevention and Building Code on the date of the
application;
(b)
Has been in violation of this chapter or the
New York State Uniform Fire Prevention and Building Code continually
from the time that it was in common ownership with the subject property;
and
(c)
Which is not owned by an owner who purchased
the subject property in an arm's-length transaction, for fair market
value and without knowledge of the existing violation on the other
once commonly owned property. The burden of proof shall rest with
the applicant as to whether he or she is an owner who purchased the
subject property in an arm's-length transaction, for fair market value
and without knowledge of the existing violation on the other once
commonly owned property.
C.
The Commission or its designated representative and
the City Engineer shall review the preliminary layout and other submitted
documents for their conformity to the Zoning Ordinance[1] and to these regulations and meet with the subdivider
in regard to changes deemed advisable and to the kind and extent of
improvements to be made.
D.
The Commission shall, within 45 days from the date
of submission of the preliminary layout, act on said layout as submitted
or modified and, within five days, shall notify the subdivider in
writing of its decision and state the conditions of approval, if any,
the suggested modifications, if any, or the reasons for disapproval
of the layout. Approval of the preliminary layout by the Commission
shall be expressed as conditional approval.
E.
Any condition required by the Commission shall be
noted on the original and a print of the preliminary layout. The Chairman
and one member of the Commission shall sign said original and print
as approved by the Commission. The print shall be retained by the
Commission and the original shall be returned to the subdivider, who
shall deliver two prints of the signed original to the Commission.
F.
Conditional approval of the preliminary layout shall
not constitute approval of any subsequent plat; rather it is an expression
of approval of the general design submitted, to be used as a guide
in the preparation of the plat to be submitted to the Commission for
its approval. For the protection of the subdivider, it is stressed
that the Commission's approval of the preliminary layout should be
secured before the undertaking of final surveys of streets and lots
and final construction plans, and that the start of any grading or
street construction work must await approval by the Commission of
the plat and of a grading plan.
A.
Except in the case of a minor subdivision where no
preliminary review is conducted, the plat shall conform substantially
to the preliminary layout approved by the Commission, and, if desired
by the subdivider, it may constitute only that portion of the approved
preliminary layout which he proposes to record and develop at the
time; provided, however, that said portion conforms to all requirements
of these regulations.
[Amended 3-10-1992, approved 3-23-1992]
B.
The plat and other documents as specified in Article III shall be prepared by the applicant in accordance with the general requirements and design standards specified in Article IV of this chapter. Major subdivisions shall be submitted to the Planning Commission within six months after approval of the preliminary layout; otherwise, said approval shall become null and void unless an extension of time is granted by the Planning Commission within said six-month period.
[Amended 3-10-1992, approved 3-23-1992]
C.
Application for approval of the preliminary and final
plats shall be submitted in writing by the subdivider to the Commission,
together with 10 prints of the plat, at least 40 days prior to the
meeting at which it is to be considered, together with a receipt from
the City Clerk of a filing fee as set forth in the Consolidated Fee
Schedule maintained in the office of the City Clerk.
[Amended 10-13-1993, approved 10-25-1993; 12-15-1998; 9-25-2017 by L.L. No. 2-2017; 12-26-2017 by L.L. No. 4-2017]
D.
Prior to the approval of the plat, the Commission shall hold a public hearing as provided in § 32 of the General City Law. The expense of publishing and mailing any notice required by this section shall be paid by the applicant or appellant. Following said hearing and within 45 days from the date of submission of the plat, the Commission shall approve or disapprove said plat and, within five days, shall notify the subdivider in writing of its decision and state the conditions of approval, if any, the required modifications, if any, or the reasons for disapproval. Approval of the plat shall not become final until the provisions of Subsections E and F below have been complied with.
[Amended 2-8-1999]
E.
The subdivider shall follow one of the procedures set forth in Subsection E(1) or (2) below:
[Amended 8-11-1987, approved 9-14-1987]
(1)
Construction plans for the required improvements, prepared in accordance with Article IV, § 510-19 hereof, shall be submitted to the City Engineer. Not later than 10 days after approval of said plans, the City Engineer shall send to the Commission, in duplicate, an estimate of the cost of construction of said improvements in accordance with the approved plans. The Commission shall send one copy of said estimate to the subdivider, who shall then file with the Commission a deposit or performance guarantee that shall be in the form of cash deposit, other liquid asset or irrevocable letter of credit in the amount specified, conditioned upon the completion by the subdivider of the required improvements to the satisfaction of the City Engineer within 12 months from the date of the performance guarantee or deposit. Such performance guarantee or deposit may be renewed by the Commission upon application within said twelve-month period and upon the finding by the Commission of such facts as will justify a further extension of time to complete the required improvements. Should a certificate of occupancy be issued for any building fronting on a new street in the subdivision and the subdivider fail to complete the required improvements within 12 months from the issuance of such certificate of occupancy, no further extension of time under the deposit may be granted. Said performance guarantee or deposit shall be approved as to sufficiency by the City Engineer and, after being approved by the Corporation Counsel as to form, manner of execution and solvency of creditor, shall be filed by the Commission with the City Comptroller. The performance guarantee or deposit shall be filed within 60 days from the date of the plat approval; otherwise said approval shall become null and void.
[Amended 5-13-2002 by L.L. No. 1-2002]
(2)
The subdivider shall complete all required improvements
to the satisfaction of the City Engineer before any building permits
will be issued. Said improvements shall be completed within 12 months
from the date of the plat approval; otherwise said approval shall
become null and void unless an extension of time is applied for and
granted by the Commission.
F.
Upon receipt of notification from the City Engineer
that the required improvements have been satisfactorily installed
or upon filing of an approved performance guarantee, cash deposit,
other liquid assets or letter of credit with the City Comptroller,
the Chairman and one member of the Commission shall sign the original
and one print of the plat as approved by the Commission. Such final
approval shall in no way constitute an acceptance by the City of the
dedication of any street, highway, park or other public open space.
No street, highway, park or other public open space shall be deemed
to be a public street, highway, park or other public open space or
under the care or control of the City Council and/or Department of
Public Works unless and until the dedication thereof shall be accepted
and confirmed by resolution passed for such purpose by the City Council.
[Amended 8-11-1987; 5-13-2002 by L.L. No.
1-2002; 6-24-2019 by L.L. No. 3-2019]
G.
The approved plat shall be filed and recorded in the
County Clerk's office within 90 days from the date of final approval
by the Commission; otherwise said approval shall become null and void
unless an extension of time is applied for and granted by the Commission
within said ninety-day period.
H.
After filing the plat with the County Clerk's office,
the subdivider shall enter the county file number and date of filing
on one lithoprint of the plat on tracing cloth and three black- or
blue-line prints on white paper and shall deliver them to the Commission,
together with one print of the plat reduced to a scale of 400 feet
to the inch and one to an exact scale of 50 feet to the inch, if requested
by the Commission. The Commission shall deliver two prints to the
Department of Public Works and the print at the scale of 50 feet to
the inch to the City Assessor's office.
[Amended 6-24-2019 by L.L. No. 3-2019]
I.
The subdivider shall secure the assessment lot and
house numbers from the Assessor and the Department of Public Works,
respectively.
[Amended 6-24-2019 by L.L. No. 3-2019]
J.
Upon receipt of notification from the Commission that
a satisfactory performance bond, cash deposit or letter of credit
has been filed with the City Comptroller, the Building Inspector may
issue building permits for lots within the approved plat upon his
finding that the plans and data submitted are in full compliance with
all requirements of the Zoning Ordinance[1] and all other applicable codes and ordinances.
[Amended 8-11-1987, approved 9-14-1987]
K.
Upon receipt of notification from the City Engineer
that the required improvements have been satisfactorily installed
and that a satisfactory maintenance performance guarantee, cash deposit,
other liquid assets or letter of credit has been approved by the Corporation
Counsel and filed with the City Comptroller, the Commission shall
advise the City Comptroller that the performance guarantee or deposit
filed in connection with the approved plat may be released.
[Amended 8-11-1987; 5-13-2002 by L.L. No.
1-2002]
L.
The inspection fee for the bondable items shall set
forth in the Consolidated Fee Schedule maintained in the office of
the City Clerk in order to cover the cost of City staff inspections
of the required improvements. A separate escrow account in an agreed
upon amount will be established to cover the cost of all consultant
inspections of the required improvements.
[Added 3-28-2005 by L.L. No. 10-2005; amended 9-25-2017 by L.L. No. 2-2017; 12-26-2017 by L.L. No. 4-2017]
[Added 3-10-1992, approved 3-23-1992]
In the case of minor subdivisions, the following
information shall be submitted:
A.
A plat, legibly drawn in ink or pencil on tracing
paper or cloth, in sheets not exceeding 30 by 40 inches, at a scale
not smaller than 50 feet to the inch. The plat shall show the following:
(1)
The proposed subdivision name; acreage; date; North
arrow; scale; name and address of the owner, subdivider and engineer
or surveyor; lot and block number or numbers of the tract being subdivided;
and name of the City and county in which the subdivision is located.
(2)
The boundaries of the property; lines of streets,
lots, reservations, easements and lands to be dedicated to public
use; lengths and bearings of all straight lines; radii; and lengths,
central bearings, tangent distances and radial bearings of all curves.
All lengths shall be in feet and decimals of a foot, and all bearings
shall be given to the nearest 10 seconds unless otherwise specified
by the City Engineer. The error of closure shall not exceed one to
10,000.
(3)
The names of the owners and property lines of abutting
property and the names of abutting subdivisions.
(4)
The existing and proposed contours at intervals of
two feet or less, referred to a datum specified by the City Engineer
or Director of Public Works. For properties containing any area with
slopes in excess of 12%, drainage and grading plans for all disturbed
areas shall be submitted.
[Amended 6-24-2019 by L.L. No. 3-2019]
(5)
Cross sections and profiles indicating grades of proposed
driveways and sidewalks and showing width of the driveway and the
location and width of the sidewalks.
(6)
The proposed building envelope for each new lot, defining
the area within which a residential dwelling is proposed to be constructed
in conformance with all zoning district requirements.
(7)
An area map showing zoning districts in and adjacent
to the property to be subdivided for a distance of 500 feet from each
boundary line.
(8)
A bulk requirement table showing compliance with all
minimum area and building requirements.
(9)
The signature and seal, including license number,
of a licensed surveyor, professional engineer or landscape architect
licensed to do business in the State of New York attesting as to the
accuracy of all matters contained on the plat.
B.
When the application covers only a part of the applicant's
entire holding, a map of the entire tract, drawn at a scale of not
less than 100 feet to the inch, showing an outline of the platted
area with existing and potential future uses of the balance of the
parcel, must be provided. In no case shall a minor subdivision be
designed in such a manner as to inhibit future development of the
overall parcel.
C.
Copy of such easements, covenants or deed restrictions
which presently or as proposed encumber all or any part of the tract.
D.
A letter of acknowledgment from the City Engineer
or Director of Public Works that the proposed subdivision will have
access to adequate water and sewer services.
[Amended 6-24-2019 by L.L. No. 3-2019]
E.
Written documentation from the Fire Chief and Police
Chief stating that the subdivision provides for adequate access for
emergency services to all lots.
F.
Any additional data the Commission determines is necessary
for its consideration of the minor subdivision.
