Town of Pound Ridge, NY Article III Subdivision Applications

§ A117-11 General procedures.

A. Whenever any subdivision or resubdivision of land or any land exchange or transfer is proposed, before all or any portion of the subdivision is offered for sale or lease by reference to a plat and before any building permit for the erection of a structure or addition to an existing structure is granted, the subdividing owner or his or her authorized agent or contract vendee shall apply for and secure the approval of the Planning Board of the proposed subdivision and shall then file the approved plat in the office of the County Clerk. The subdivision review procedure includes basically three steps:

(1) Sketch plat conference and review.

(2) Preliminary plat review.

(3) Final plat review.

B. If, prior to any negotiation for sale or lease of land or the submission of a sketch or preliminary subdivision plat to the Board, an applicant or his or her representative presents an informal subdivision for discussion to the Board, it shall be accompanied by a discussion fee as required in Appendix A of these regulations.[1]

[1] Editor's Note: Appendix A is included at the end of these regulations.

C. Because the location and design of each new road and common driveway created as part of a subdivision must be approved by the Planning Board, the construction of new roads and common driveways should not be started, nor should any activities, except those directly related to obtaining any required approvals, be undertaken that would disturb, remove or relocate any existing features on the site. Such features include but are not limited to stone walls, trees, steep slopes, rock outcroppings, historic and/or archaeological resources, both controlled areas and the minimum activity setback as defined in the Town Freshwater Wetlands Protection and Preservation Ordinance[2] or state designated wetlands as defined in the State Freshwater Wetlands Law.[3]

[2] Editor's Note: See Ch. 63, Freshwater Wetlands.

[3] Editor's Note: See Article 24, § 24-0101 et seq., of the Environmental Conservation Law.

D. For a resubdivision, as defined in § 276 of the Town Law, the same procedure, rules and regulations shall apply as for a subdivision.

E. Procedure for land exchange or transfer. Where an applicant proposes a subdivision representing an exchange or transfer of land with an adjoining property, the Planning Board may waive the public hearing on such proposal where the following conditions are met:

(1) The area of the proposed land exchange or transfer does not exceed 10% of the minimum required lot area of the zoning district in which the affected lands are located.

(2) No additional lots will be created.

(3) Such exchange or transfer of lands does not preclude the proper future development or resubdivision of the affected properties.

(4) Such exchange or transfer of lands shall not create any nonconformity with the terms and regulations of the Pound Ridge Zoning Ordinance.[4]

[4] Editor's Note: See Ch. 113, Zoning.

(5) The applicant(s) has prepared and submitted a final plat, in accordance with § A117-23 herein, for the signature of the Planning Board Chairman.

(6) The applicant(s) has paid a fee as required in Appendix A of these regulations.[5]

[5] Editor's Note: Appendix A is included at the end of these regulations.

§ A117-12 Sketch plat.

A. Sketch plat review. Before preparing the preliminary plat, the applicant should become familiar with the regulations, standards and requirements contained in these Land Subdivision Regulations, the Zoning Ordinance, the Flood Damage Prevention Law and the Wetlands Protection and Preservation Law of the Town of Pound Ridge,[1] as well as with any applicable County, state and federal requirements.

[1] Editor's Note: See Ch. 113, Zoning; Ch. 60, Flood Damage Prevention; and Ch. 63, Freshwater Wetlands, respectively.

B. Documentation. Maps showing the property boundaries, general topographical information, approximate location of wetlands and the proposed lot arrangement and locations of new streets must be submitted but need not be in final form. All surveys must bear the signature and seal of a licensed professional engineer or land surveyor. An environmental assessment form must be brought to the same conferences to be reviewed by the Planning Board.

C. Town Engineer, Planning Consultant and Highway Superintendent. Prior to formally submitting the application for preliminary subdivision approval, the applicant or his or her duly authorized representative shall meet with the Highway Superintendent, the Town Engineer and the Town Planning Consultant to discuss the proposed subdivision layout

D. Health Department. The sketch plat should also be reviewed with the Westchester County Health Department, which must eventually approve any final subdivision plat. Particular attention should be paid to the area, grade and type of soil of proposed building sites and the proper amount of land area for adequate private water supply and sewage disposal facilities.

E. Soil and Water Conservation District. The Planning Board may also refer a sketch plat to the Westchester County Soil and Water Conservation District for its review and comments regarding soil types, the proper drainage of stormwater and resource conservation and suggested erosion control practices.

F. Water Control Commission. Where activities are shown occurring in or adjacent to any controlled areas, including the minimum activity setback as defined in the Town Wetlands Protection and Preservation Law,[2] the Planning Board shall refer sketch plats to the Water Control Commission for its preliminary review in order to solicit specific comments from the Water Control Commission with respect to potential impacts of the proposed construction of roads or driveways or the development of the individual lots on those affected controlled areas.

[2] Editor's Note: See Ch. 63, Freshwater Wetlands.

G. Conservation Board. The Planning Board may refer a sketch plat to the Conservation Board for its advisory review and comment.

H. Planning Board. Prior to formally submitting the application for preliminary plat approval to the Planning Board, the applicant or his or her duly authorized representative shall meet with the Planning Board to discuss the proposed subdivision layout and its potential adverse environmental impacts, if any.

I. Field trip. After the initial conference, the Planning Board may schedule a field trip to the proposed subdivision site. Prior to this field trip, the Planning Board may require that the center line of any proposed road, common driveways and specific lot locations be staked as specified in § A117-13B. At the request of the Planning Board, the applicant or his or her duly authorized representative shall attend the field trip.

J. Planning Board recommendations. The Planning Board shall advise the applicant or his or her duly authorized representative of the additions and modifications, if any, which should be made if an application for preliminary subdivision approval is to be submitted.

§ A117-13 Preliminary plat.

A. Application procedure. Prior to filing an application for the approval of a subdivision plat, the applicant shall file an application for the approval of a preliminary layout.

(1) The application shall:

(a) Be made on and include all information required on forms available at the office of the Planning Board and the office of the Town Clerk. These forms shall be completed in accordance with all instructions that appear on them.

(b) Include all land which the applicant proposes to subdivide.

(c) Show the relation of the proposed subdivision to all contiguous land of the applicant, including a generalized proposed layout for future subdivision of any such land.

(d) Notice of an initial preliminary subdivision application shall be the responsibility of the applicant. Such a notice shall include a copy of the application and such other information as the Planning Board may deem appropriate and shall be sent, by way of certified mail, at least 14 days prior to the next scheduled meeting in which the application is to be heard, to all property owners of record within a distance of 1,000 feet from the boundary of the property to be subdivided. A receipt verifying said notice has been sent and received, or that best effort has been made, shall be submitted to the Planning Board Secretary at least five days prior to said meeting.

[Added 5-4-2006 by L.L. No. 4-2006 [1]]

[1] Editor's Note: This local law also redesignated former Subsection A(1)(d) through (i) as (e) through (j), respectively.

(e) Be accompanied by three copies of an environmental assessment form (or of a draft environmental impact statement determined to be complete as to scope and content by the lead agency).

(f) Be accompanied by 10 copies of the preliminary layout, as described in § A117-30 of these regulations.

(g) Comply in all respects with Article IV of these regulations and with the provisions of §§ 276 and 277 of the Town Law, except where a modification may be specifically authorized by the Planning Board.

(h) Be presented to the Secretary of the Planning Board at least 14 days immediately preceding a regular public meeting of the Board.

(i) Be accompanied by the payment of application fees as required in Appendix A. [2]

[2] Editor's Note: Appendix A is included at the end of these regulations.

(j) Include proof that the applicant is the owner or is acting as the agent for the owner or is contract vendee of property affected in the application, on the appropriate affidavit forms prescribed by the Planning Board and available at the office of the Planning Board or the Town Clerk.

(2) Where the Town Board has authorized the Planning Board to modify the applicable provisions of the Zoning Ordinance [3] simultaneously with the approval of a plat pursuant to § 281 of the Town Law, the applicant must also submit 10 copies of the following additional information as required by § 281(a) through (e) of the Town Law:

(a) A written request for modification of the zoning regulations.

(b) A standard subdivision map showing the permitted number of dwelling units which could be permitted if the land were subdivided into lots conforming to the minimum lot size and density requirements of the Zoning Ordinance applicable to the district or districts in which such land is situated, and conforming to all other applicable requirements.

(c) A description of the types of dwelling units to be provided in the proposed subdivision.

(d) The proposed ownership, use and maintenance of any lands available for park, recreation, open space or other municipal purposes.

(e) The proposed site plan, including areas within which structures may be located, the height and spacing of buildings, open space, landscaping, off-street open and enclosed parking spaces and streets, driveways and all other physical features as shown on said plan or otherwise described, accompanied by a statement setting forth the nature of such modification or changes of existing zoning provisions as are not shown on said site plan. For conservation subdivision having no minimum required lot area, the applicant shall submit floor plans for each dwelling unit design.

[3] Editor's Note: See Ch. 113, Zoning.

B. Proposed roads and lots to be staked.

(1) To permit inspection and checking of a proposed subdivision by the Planning Board and its representatives, the applicant shall provide stakes as follows:

(a) Along the center line of each proposed road at intervals of not more than 100 feet and at each point of beginning and ending of each curve. Each stake shall be identified by station marking to conform to the plans as presented and shall be so placed as to extend at least 30 inches above the ground surface. Inasmuch as these stakes are not permanent, a tolerance of one foot from the exact position will be allowed.

(b) The Planning Board may require that a stake be placed along the road frontage of each lot, at the intersection of the side lot line and the road right-of-way line, marked with the identifying numbers of the lots on each side, as shown on the preliminary layout.

(c) A stake shall be placed at the intersection of the center line of each proposed driveway and any proposed or existing road. The center line of common driveways shall be staked in the same manner as that required for roads.

(d) The location of all controlled areas as defined in the Pound Ridge Freshwater Wetlands Law [4] and of any state-designated wetlands as defined in Article 24 of the Environmental Conservation Law shall be clearly delineated in the field through the use of stakes and/or flags. Stakes and/or flags shall be placed at a height of not less than 30 inches above the ground and located in such a manner that the boundaries of the controlled areas and wetlands may be clearly distinguished in the field.

[4] Editor's Note: See Ch. 63, Freshwater Wetlands.

(2) When the digging of test holes or pits is required for any reason whatsoever, such holes or pits shall be excavated the minimum time necessary prior to inspection by the appropriate agency or its designated representative and shall be completely filled in within two working days following the date of such inspection. During the entire period of time that such test holes are open, they shall be completely enclosed for safety purposes by a sturdy fence at least four feet in height.

(3) All stakes referred to in this section shall be in position at the time application is made to the Planning Board for approval of the preliminary layout.

(4) 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 representatives.

C. Receipt. When all of the requirements of Subsections A and B have been met to the satisfaction of the Planning Board, said Board shall declare the preliminary application complete and shall officially receive it at the Board's next regular meeting.

D. Applicant to attend Planning Board meeting. The applicant should then be prepared to attend the next regular meeting of the Planning Board to discuss the preliminary layout.

E. Study of layout. The Planning Board will study the practicability of the preliminary layout, taking into consideration the requirements of the community and these regulations and the best use of the land being subdivided. Particular attention will be given to the arrangement, location and width of roads, their relation to the topography of the land, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided and natural, historical and archaeological resources. The Planning Board shall also study the subdivision with regard to the requirements of the Town Plan, the Official Map, the Zoning Ordinance [5] and other applicable regulations.

[5] Editor's Note: See Ch. 113, Zoning.

F. Public hearing. Within 45 days after the receipt of a properly completed application for approval of a preliminary plat, including all required accompanying material, the Planning Board shall advertise and hold a public hearing on the proposed preliminary plat, pursuant to § 276 of the Town Law. Any public hearing to be held on a draft environmental impact statement for the proposed subdivision shall, if possible, be held concurrently.

G. Public hearing notice.

[Amended 5-4-2006 by L.L. No. 4-2006]

(1) Notice of the public hearing shall be advertised at least once in the official Town newspaper(s) at least five days before such hearing, and all property owners of record within a distance of 1,000 feet from the boundary of the property proposed to be subdivided shall be mailed copies of such notice. Where a hearing on a draft environmental impact statement is to be held concurrently with the public hearing on the preliminary subdivision notice shall be advertised in the official Town newspaper(s) at least 14 days before such hearing.

(2) The Planning Board Secretary shall be responsible for publication in the official Town newspaper(s), and the applicant shall be required to mail public hearing notice to all required owners of record, as defined in Subsection G(1) of this section, by registered or certified mail, return receipt requested. All such return receipts shall be presented to the office of the Planning Board along with a separate typewritten list of all required recipients five days prior to the date of the public hearing. The notice of public hearing shall bear the signed approval of the Planning Board Secretary and shall be maintained as part of the Town's records of the proposed subdivision.

(3) If the application includes a draft environmental impact statement, then the applicant shall be required to mail that document to all required recipients by registered or certified mail, return receipt requested. Copies shall also be made available for review by the public in the office of the Planning Board and in the Town library. All such return receipts shall be presented to the office of the Planning Board along with a separate typewritten list of all required recipients prior to the date of the public hearing. The notice of public hearing shall bear the signed approval of the Planning Board Secretary and shall be maintained as part of the Town's records of the proposed subdivision.

H. Review by the Westchester County Planning Board. The Planning Board shall refer the subject subdivision application to the Westchester County Planning Board for its recommendation pursuant to the applicable regulations of the County with respect to the referral of subdivision applications.

I. Review by adjacent municipalities. If the land to be subdivided is within 500 feet of any abutting municipality in the County, a notice of the public hearing shall be mailed to both the Westchester County Planning Board and the Town or Village Clerk of such abutting municipality at least 30 days prior to the date of the hearing.

J. Planning Board action. Within 45 days after the close of such hearing, the Planning Board shall approve, conditionally approve or disapprove such preliminary plat. However, the procedures established pursuant to Part 617 of the implementing regulations pertaining to Article 8, Environmental Quality Review, of the Environmental Conservation Law shall be completed before any action is taken by the Planning Board. The time in which the Planning Board must take action may be extended by mutual consent of the applicant and the Planning Board. When so approving a preliminary plat, the Planning Board shall state in writing the conditions and modifications, if any, as it deems necessary for submission of the plat in final form. The Planning Board Secretary shall complete the resolution approving, approving with modifications or disapproving the preliminary plat and shall mail a copy of that resolution to the applicant.

K. Expiration of approval. Approval of a preliminary plat shall expire 180 days from the date of the resolution granting that approval if no application for final approval is submitted within such period. However, the time limit specified above may be extended by the Planning Board for good cause shown upon the written request of the applicant.

§ A117-14 Final plat.

A. Application procedure.

(1) Within 180 days of the date of approval of the preliminary plat, the applicant may file with the Planning Board an application for approval of a final plat. Otherwise, the approval of the preliminary plat shall expire and be deemed void. The application shall:

(a) Be made on and include all information required on the forms available at the office of the Planning Board or Town Clerk. These forms shall be completed in accordance with all instructions that appear on them.

(b) Include the entire subdivision or a section thereof showing access from a street that has been either improved to Town road standards or for which a bond covering such improvements is held by the Town, all in accordance with the requirements of § 280-a of the Town Law.

(c) Be accompanied by 10 copies of the subdivision plat and the construction detail sheets, as described in § A117-31 of these regulations.

(d) Comply in all respects with the approved preliminary plat.

(e) Be presented to the Secretary of the Planning Board at least 14 days immediately preceding a regular public meeting of the Board.

(f) Include a formal offer of cession to the public of all roads and parks, as required by § A117-20 of these regulations, unless the applicant has noted on the plat that no offer of such dedication is to be made. In such cases, those agreements required in § A117-29C of these regulations shall be submitted.

(g) Be accompanied by a copy of a receipt from the Secretary of the Planning Board acknowledging the payment of the fees required in Appendix A. [1]

[1] Editor's Note: Appendix A is included at the end of these regulations.

(h) Include proof of approval by the State Department of Transportation or County Department of Public Works, as appropriate, of the design and proposed construction of any intersection of a proposed road in the subdivision with a state or County highway, including drainage from the proposed subdivision onto the state or County highway.

(i) Include proof of either conceptual approval or of any necessary permit(s) by the Pound Ridge Water Control Commission for activities in controlled areas or designated in the Town Wetlands Protection and Preservation Law [2] and either recommendations or permit approvals by the New York State Department of Environmental Conservation for activities occurring in wetlands as defined in the State Freshwater Wetlands Law. [3]

[2] Editor's Note: See Ch. 63, Freshwater Wetlands.

[3] Editor's Note: See Article 24, § 24-0101 et seq., of the Environmental Conservation Law.

(j) Include statements from the applicant's licensed professional engineer or land surveyor certifying the total length of the roads shown on the subdivision plat. The length of a road shall be the horizontal distance along the center line of a proposed road to the farthest point of the turnaround right-of-way. Intersections shall be counted only once.

(k) Include the required agreements, specified in § A117-22 of these regulations, permitting entrance by the Town for installing required improvements in the event of nonperformance under the terms of the bond.

(l) Include a statement from the applicant's engineer indicating the estimated cost of construction of subdivision roads and all other improvements and including but not limited to specific quantities of paving, rock and drainage lines as shown on the final construction plans.

(m) Include a list of any and all waivers of the provisions of the Land Development Regulations which the applicant requests from the Planning Board, along with the reasons for each such waiver requested.

(n) Include documentation from the Westchester County Department of Health granting conceptual approval of any on-site water supply and/or sewage disposal systems.

(2) In implementing these regulations, the Planning Board may waive certain of the above requirements. Such requirements, if applicable, would be made conditions of any final approval to be fulfilled prior to the signing of the plat by the Planning Board Chairman.

B. Official submission date. The final subdivision plat application shall be considered officially submitted only at a regular meeting of the Planning Board during which the Board determines that the application procedure outlined above has been completed.

C. Referral to Westchester County Planning Board and adjacent municipalities. Where the final subdivision plat differs significantly from the preliminary plat approved under the provisions of these regulations, the Planning Board shall refer the application to the Westchester County Planning Board for its recommendation on the subject subdivision application pursuant to the applicable regulations of the County for the referral of applications for subdivision approval.

D. Public hearing. After receipt of a completed application as outlined above and all required accompanying material, the Board shall advertise and hold a public hearing on the proposed subdivision, pursuant to § 276 of the Town Law and § A117-13G of this chapter.

[Amended 5-4-2006 by L.L. No. 4-2006]

E. Waiver of public hearing. When the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under the provisions of these regulations and modified in accordance with the requirements of such approval if applicable, the Planning Board may waive the requirement for a final public hearing.

F. Public hearing notice. The Board shall submit notices to the official Town newspaper for publication at least five days in advance of the hearing.

G. Action on proposed subdivision plat. Within 45 days from the date of the close of the public hearing on the final subdivision plat, the Planning Board shall approve, conditionally approve or disapprove the subdivision application by a resolution which sets forth any conditions to which the approval is subject or reasons for disapproval. A copy of this resolution will be mailed to the applicant within 15 days of the date of the Planning Board meeting at which the action was taken. The grounds for disapproval of any plat shall be stated on the records of the Planning Board.

H. Revision of subdivision plat and/or construction plans. In the event that modifications are required, the applicant shall have the subdivision plat and construction plans revised to conform to the requirements of the resolution. After modification, the applicant shall submit the revised facsimiles of the subdivision plat and construction plans, together with four prints of each, to the Planning Board Chairman for review.

I. Approval by the Westchester County Department of Health. Following review of the facsimiles by the Planning Board Chairman, the applicant shall make any final revisions to the linen, which shall then be submitted for approval by the Westchester County Department of Health. Said approval shall be obtained prior to the signing of the plat by the Planning Board Chairman.

J. Approval of construction plans. Prior to the signing of the plat, the construction plans, revised as necessary to meet the requirements of the Planning Board resolution, shall be endorsed by the Town Engineer as approved and as in compliance with the requirements of said resolution and the construction standards of this ordinance.

K. Expiration of conditional approval. Conditional approval of a final plat shall expire within 180 days after the date of the resolution granting such conditional approval unless all requirements have been certified as completed. Upon written request from the applicant, the Planning Board may extend the time in which a conditionally approved plat in final form must be submitted for signature if, in its opinion, such extension is warranted by particular circumstances. However, this period of time may not exceed two additional periods of 90 days each.

L. Signing of plat.

(1) When a bond is filed. The Planning Board shall authorize the Chairman to endorse the Board's approval on the plat after the performance bond has been approved and filed and all of the conditions of the resolution pertaining to the plat have been satisfied.

(2) When no bond is filed. The Planning Board shall authorize the Chairman to endorse the Board's approval on the plat after all conditions of the resolution have been satisfied and all improvements have been satisfactorily completed. In the case of roads to be dedicated to the Town, this shall mean following dedication and acceptance of the road and all other improvements. In the case of private roads, the plat shall not be signed until the road and all other improvements have been completed, inspected by the Town Engineer and determined complete by the Planning Board and all required maintenance agreements deemed adequate by the Town Attorney.

M. Time of filing approved plat. The signature of the Chairman of the Planning Board constituting final approval of a subdivision plat shall expire within 60 days from the date of such approval, unless within such sixty-day period such plat shall have been duly filed in the office of the Westchester County Clerk, Division of Land Records.

N. Plat void if revised after approval. No changes, erasures, modifications or revisions of any type shall be made in any subdivision plat after approval has been given by the Board and endorsed, in writing, on the plat. In the event that any subdivision plat, when recorded, contains any such changes, the plat shall be considered null and void and the Board shall institute proceedings to have said plat stricken from the records of the County Clerk.