A.
Whenever any subdivision of land is proposed, before
any contract is made for the sale of any part thereof, and before
any permit for the erection of a structure in such proposed subdivision
shall be granted, the subdividing owner, or his authorized agent,
shall apply for and secure approval of such proposed subdivision in
accordance with the following procedure, which includes basically
two steps for a minor subdivision and three steps for a major subdivision:
A.
Prior discussion of requirements. Before preparing
the sketch plat for a subdivision, the applicant may discuss with
the Planning Board, or the Village Planner or the Village Engineering
Consultant, the requirements as to general layout of streets and for
reservations of land, street improvements, drainage, sewerage, water,
fire protection and similar matters, as well as the availability of
existing services. The applicant should also discuss the proposed
subdivision with the County Health Department, which must eventually
approve those aspects of any subdivision plat coming within its jurisdiction.
B.
Application procedure and requirements. Prior to subdividing
or resubdividing land, an owner of land, or his representative, shall
file an application for approval of a sketch plat. The application
shall:
(1)
Be made on forms available at the office of the Village
Planning Board.
(2)
Include all contiguous holdings of the owner, including land in the same ownership as defined in Chapter 210, Zoning, of the Code of the Village of Airmont, with a delineation of the portion which is proposed to be subdivided, accompanied by an affidavit of ownership, which shall include the dates the respective holdings of land were acquired, together with the liber and page of each conveyance into the present owner as recorded in the Rockland County Clerk's office. The affidavit shall include the name and address of the legal owner of the property and the contract vendee or lessee, if any, the date the contract of sale was executed, and, if any corporations are involved, a complete list of all directors and officers of each corporation and the names and addresses of all stockholders owning more than 5% of any class of stock.
(3)
Be accompanied by a minimum of 14 copies of the sketch plat as described in Article V, § 180-31, of these regulations, except when the subdivision affects a county road, when 16 copies will be required, or a larger number where required by referrals, and complying in all respects with Article III of these regulations and with the provisions of Article 7 of the Village Law.
(4)
Be presented to the Clerk to the Village Planning
Board.
(6)
Include an address and telephone number of an agent
located within the County of Rockland who shall be authorized to receive
all notices required by these regulations.
C.
Requirements and classification. Tentative classification of the sketch layout shall be made at this time by the consultants to the Planning Board as to whether the subdivision is a major or minor subdivision as defined in these regulations. Subsequent to classification of the subdivision and their report as required by § 180-12D of these regulations, the Clerk to the Village Planning Board shall place the matter on the next available regular meeting agenda of the Village Planning Board for formal approval of the classification of the subdivision and for action on the sketch layout. Subsequent to approval by the Village Planning Board, the applicant may proceed directly to the filing of an application for approval of a subdivision plat as provided in Article II, § 180-14, if classified as a minor subdivision, and if classified as a major subdivision the applicant must first file an application for approval of a preliminary plat, as provided in Article II, § 180-13, before filing for final subdivision plat approval.
D.
Study of sketch plat by consultants. The consultants
shall consider the sketch plat and shall render a report to the Village
Planning Board concerning the sketch plat. The Clerk shall transmit
the sketch plat, if appropriate, to any appropriate official or agency
of the Town of Ramapo, adjoining townships or villages or of the County
of Rockland, as the Clerk deems necessary or as mandated by law. The
Planning Board shall refer to the Rockland County Commissioner of
Planning subdivisions within the provisions of the General Municipal
Law §§ 239-f, 239-l, and 239-n, which includes real
property lying within 500 feet from the boundary of any village or
town, or from the boundary of any existing or proposed county or state
park or other recreational area, or from the right-of-way of any existing
or proposed county or state parkway, thruway, expressway, road or
highway, or from the existing or proposed right-of-way of any stream
or drainage channel, or from the existing or proposed boundary of
any county or state owned land. The Rockland County Commissioner of
Planning shall render his decision within 30 days of referral or within
an extended period if agreed upon. The Clerk shall request that all
officials and agencies to whom a request for review has been made
submit their report to the Planning Board at least 10 days prior to
the meeting of the Planning Board at which the sketch plat will be
considered. The consultants will consider all the reports submitted
by the officials and agencies concerning the sketch plat and shall
submit a report for proposed action to the Village Planning Board.
The consultants report to the Planning Board shall in no event be
made later than 62 days following the date of application for sketch
plat approval.[2]
E.
Planning Board review of consultants report and sketch
plat. The Planning Board will study the sketch plat and the report
of the consultants, taking into consideration the requirements of
the subdivision regulations and the best use of the land being subdivided.
Particular attention will be given to the arrangement, location and
width of streets, their relation to the topography of the land, sewage
disposal, drainage, lot sizes and arrangement, the further development
of adjoining lands as yet unsubdivided, and the requirements of the
Official Map as may be adopted by the Village Board, and the Village
Master Plan as may be adopted by the Village Planning Board.
F.
Field trip; temporary staking. After the regular Planning
Board meeting at which the subdivision is first discussed, the Planning
Board may schedule a field trip to the site of the proposed subdivision,
accompanied by the applicant or his representative. In order to facilitate
field inspection and review of the site of the proposed subdivision,
temporary staking along the center line of all proposed roads in the
subdivision will be required in time for such field trip or if impracticable
the Planning Board shall permit a suitable alternative procedure.
G.
Report of sketch plat and approval. After reviewing
and discussing the sketch plat and report from the consultants and
other reports, as submitted by municipal agencies and officials, the
Planning Board will advise the applicant of the specific changes or
additions, if any, it will require in the layout, and the character
and extent of required improvements and reservations which it will
require as a prerequisite to the approval of the subdivision plat.
This action by the Planning Board shall constitute approval of the
subdivisions sketch plat, but prior to approval of the subdivision
plat, the Planning Board may require additional changes as a result
of further study of the subdivision in final form. Said approval shall
constitute authorization to prepare and submit a preliminary plat
in the case of a major subdivision and a subdivision plat in the case
of a minor subdivision.
[Amended 5-4-2004 by L.L. No. 1-2004]
A.
Application procedure and requirements.
(1)
Based upon the report from the Planning Board, the
applicant should file an application for approval of a preliminary
plat. The application shall:
(a)
Be made on forms available at the office of
the Planning Board, together with a submission fee in accordance with
the Standard Schedule of Fees.[1] Every subsequent preliminary submission will be accompanied
by an additional submission fee in accordance with the Standard Schedule
of Fees.
(b)
Include all land which the applicant proposes
to subdivide and all land immediately adjacent extending 500 feet
therefrom, or of that directly opposite thereto extending 500 feet
from the street frontage of such opposite land, with the names and
addresses of owners as shown in the Town Assessor's files. This information
may be shown on a separate current Tax Map reproduction from the Assessor's
office showing the subdivision superimposed thereon.
(e)
Comply in all respects with the sketch plat
as approved.
(f)
Be presented to the Clerk to the Planning Board at least four weeks prior to a regular meeting of the Board. A preliminary plat which does not fully comply with the requirements of § 180-32, or which is accompanied by construction plans which do not fully comply with the requirements of § 180-33, shall not be deemed to be officially submitted for the purposes of these regulations.
(2)
The Clerk to the Planning Board shall refer the proposed
preliminary plat to the consultants for their review, recommendations
and report. Such report of the consultants shall be submitted in writing
to the Planning Board prior to the meeting of said Board at which
the subdivision is to be considered.
B.
Public hearings. At least 12 days prior to the public
hearing on the preliminary plat, the applicant shall submit to the
Planning Board Clerk stamped envelopes containing the notice of the
hearing, letter to property owners and vicinity map indicating the
location of the site addressed to all property owners whose names
appear on the affidavit of property owners, certifying the names were
obtained from the latest tax rolls. It shall be the responsibility
of the Planning Board Clerk to mail the stamped envelopes by ordinary
first-class mail at least 10 days before the meeting and to certify
that the notices were mailed. The applicant shall also submit an affidavit
that, at least 10 days prior to the public hearing, posters were placed
in visible locations on any public thoroughfare abutting the site
at each end of the property. Said posters shall be provided to the
applicant by the Planning Board Clerk. The applicant shall contact
the Planning Board Clerk 10 days prior to the meeting to verify that
the mailing has been sent and to confirm that the applicant has posted
the property. The Village shall advertise the date, time and place
of the hearing in the official newspaper of the Village at least five
days prior to said hearing. Failure of a property owner whose name
appears on the affidavit of property owners to receive the notice
shall not affect the validity of the public hearing.
C.
Public improvements.
(1)
The Planning Board may require that all public improvements
be installed prior to the signing of the subdivision plat by the Chairman
of the Planning Board. If the Planning Board shall not require that
all public improvements be installed prior to signing of the subdivision
plat by the Chairman of the Planning Board, the amount of the letter
of credit to be filed by the applicant to insure the installation
of such public improvements shall be established by the Planning Board
based upon the recommendation of the Village Engineering Consultant,
which letter of credit shall be submitted by the applicant at the
time of application for final subdivision plat approval. Such letter
of credit shall be in an amount at least two times the estimated cost
of construction of such public improvements.
(2)
The Planning Board shall require the applicant to
indicate on the plat all roads and public improvements to be dedicated,
all trees that are required to be preserved, all districts for water,
fire or utility improvements which shall be required to be established
or extended upon petition of the applicant to the Village Board and
any other special requirements deemed necessary by the Planning Board
in order to conform the subdivision plat to the Official Map and Master
Plan of the Village, as may be adopted by the Village Board or Planning
Board.
D.
Tenure of Planning Board approval. The tenure of Planning
Board approval shall be in accordance with Village Law § 7-728.
Any plat not receiving final approval within the period of time set
forth herein shall be null and void and the developer shall be required
to resubmit a new plat for preliminary approval subject to all new
zoning restrictions and subdivision regulations.
E.
Zoning regulations. Every plat shall conform to existing zoning regulations and subdivision regulations applicable at the time of proposed final approval, except that any plat which has received preliminary approval shall be exempt from any subsequent amendments to Chapter 210, Zoning, rendering the plat nonconforming as to bulk or use, provided that final approval is obtained within a one-year period.
F.
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 210, Zoning, §§ 210-134 and 210-135, shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 210, § 210-135. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 210, Article XIIIA.
[Added 2-6-2006 by L.L. No. 4-2006]
A.
Application procedure. Following the approval of the
sketch plat in the case of a minor subdivision, or of the preliminary
plat in the case of a major subdivision, the applicant, if he wishes
to proceed with the subdivision, shall file with the Planning Board
an application for final approval of a subdivision plat. The application
shall:
(1)
Be made on forms available at the office of the Planning
Board, together with a submission fee in accordance with the Standard
Schedule of Fees.[2] Subsequent submissions, if necessary, shall be accompanied
by an additional submission fee in accordance with the Standard Schedule
of Fees. A request for an extension of final approval or new bonding
resolution shall constitute a submission.
(2)
Include the entire subdivision.
(3)
Be accompanied by a minimum of 12 copies of the subdivision plat, except when the subdivision affects a county road, then 14 copies will be required, and four copies of the construction plans, described in Article V, §§ 180-34 and 180-33, respectively, of these regulations. Where necessary, additional copies may be required.
(4)
Comply in all respects with the sketch plat or preliminary
plat, as approved, whichever is applicable, depending upon the classification
of the subdivision.
(5)
Be presented to the Clerk of the Planning Board at least four weeks prior to a regular meeting of the Board in order that a public hearing may be scheduled and the required notice given. A final subdivision plat which does not fully comply with the requirements of § 180-34 of these regulations, or which is accompanied by construction plans which do not fully comply with the requirements of § 180-33, or which does not include all of the modifications and requirements set forth on the preliminary plat, shall not be deemed to be officially submitted for purposes of this section.
(6)
Be accompanied by all formal irrevocable offers of
dedication to the public of all streets, municipal uses, utilities,
parks and easements, in a form approved by the Village Attorney; and
the subdivision plat shall be marked with a notation indicating said
formal offers of dedication as follows:
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"The owner, or his representative, hereby irrevocably
offers for dedication to the Village of Airmont all the streets, municipal
uses, easements, parks and required utilities shown in the within
subdivision plat and construction plans in accordance with an irrevocable
offer of dedication dated . . . . . . , and recorded in the Rockland
County Clerk's office.
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By:
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______________________________
Owner or Representative
| |
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___________________
Date"
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(a)
The applicant shall deliver a deed to all such
lands in proper form for recording, together with a title policy for
the Village of Airmont in a sum not less than $10,000, which sum shall
be determined by the Village Attorney before signing of the final
subdivision plat.
(7)
Be accompanied by the irrevocable letter of credit,
if required, in a form satisfactory to the Village Attorney and in
an amount established by the Planning Board. Such letter of credit
shall run to the benefit of the Village of Airmont and shall state
that the Mayor of the Village of Airmont may draw upon said letter
of credit in the event the applicant fails to comply with any or all
of the terms of the resolution of final subdivision plat approval
as determined by the Planning Board, and shall include, but not be
limited to, the performance of all required subdivision on- and off-site
improvements, and that all improvements and land included in the irrevocable
offer of dedication shall be dedicated to the Village of Airmont free
and clear of all liens and encumbrances on said premises. In addition,
applicants who propose to convey or deed land to the Village of Airmont
for any reason whatsoever shall be required to post a bond for a period
of at least five years guaranteeing the payment by the applicant of
any and all taxes due on such parcel of land until the deed has been
fully accepted by the Village Board of the Village of Airmont or the
Town Board of the Town of Ramapo, as the case may be.
(8)
Be accompanied by an amendment, if appropriate, of the affidavit required under § 180-12B(2) of these regulations to include all changes in ownership of the property proposed to be subdivided and all changes of officers, directors or stockholders of the applicant corporation or owners of property, legal or by contract, as of the date of application for final approval.
(9)
Be accompanied by an inspection fee in an amount to be determined on the basis of the provisions of § 180-17A, and by written assurance from the public utility companies and improvement districts that necessary utilities will be installed, and proof that the applicant has submitted petitions in writing to the Village Board or Town Board for the creation or extension of any improvement districts as required by the Planning Board upon preliminary plat approval. The applicant shall also pay a fee in accordance with the Standard Schedule of Fees[3] for each street sign shown on the subdivision plat, which
street signs shall be installed by the Superintendent of Highways
of the town or by the Village.
B.
Endorsement of County Health Department. Subdivision
plats shall be properly endorsed by the County Health Department,
if required by applicable county law or regulation, before being submitted
to the Planning Board for final approval. The plat should be in final
form before submission to the County Health Department for approval.
C.
Public hearings. At least 12 days prior to the public
hearing on the final plat, the applicant shall submit to the Planning
Board Clerk stamped envelopes containing the notice of the hearing,
letter to property owners and vicinity map indicating the location
of the site addressed to all property owners whose names appear on
the affidavit of property owners, certifying the names were obtained
from the latest tax rolls. It shall be the responsibility of the Planning
Board Clerk to mail the stamped envelopes by ordinary first-class
mail at least 10 days before the meeting and to certify that the notices
were mailed. The applicant shall also submit an affidavit that at
least 10 days prior to the hearing, posters were placed in visible
locations on any public thoroughfare abutting the site at each end
of the property. The Village shall advertise the date, time and place
of the hearing in the official newspaper of the Village at least five
days prior to said hearing. Failure of a property owner whose name
appears on the affidavit of property owners to receive the notice
shall not affect the validity of the public hearing. The Planning
Board may, at its discretion, waive the requirement for a public hearing
at the time of final approval if a public hearing was held on the
preliminary plat and the final plat is in substantial conformance
with the preliminary plat.
D.
Submission and review of final subdivision plat. Subsequent
to the resolution of the Planning Board, three paper copies of the
construction plans, and one copy of the original of the subdivision
plat on Mylar, two copies of the subdivision plat on sepia paper and
two copies of the subdivision plat on paper shall be submitted to
the Clerk for final review. A check payable to the Rockland County
Clerk in the amount of the current filing fee shall be provided. No
final approval shall be endorsed on the plat until a review has indicated
that all requirements of the resolution have been met.
E.
Vested rights. No vested rights shall accrue to any
plat by reason of preliminary or final approval until the actual signing
of the plat by the Chairman of the Planning Board and all requirements,
conditions or regulations adopted by the Planning Board applicable
to the subdivision or on all subdivisions generally shall be deemed
a condition for any subdivision prior to the time of the signing of
the final plat by the Chairman. Where the Planning Board has required
the installation of improvements prior to signing of the final plat,
the Planning Board shall not unreasonably modify the conditions set
forth in the final approval.
F.
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 210, Zoning, §§ 210-134 and 210-135, and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 210, § 210-135. The approved final subdivision plat shall be consistent with the provisions of Chapter 210, Article XIIIA.
[Added 2-6-2006 by L.L. No. 4-2006]
A.
When a letter of credit is required. The Chairman
shall endorse approval on the plat after the letter of credit has
been approved by the Village Board and all the conditions of the resolution
pertaining to the plat have been satisfied.
B.
When installation of improvements is required. The
Chairman shall endorse approval on the plat after all conditions of
the resolution have been satisfied and all improvements satisfactorily
completed. There shall be written evidence that the required public
facilities have been installed in a manner satisfactory to the Village
as shown by a report signed by the Village Engineering Consultant
and/or Superintendent of Highways of the Town or Village and upon
a report of the Village Attorney that the necessary offers of dedication
of public lands and improvements have been accomplished.
