Town of Yorktown, NY Article IV Subdivision Procedure

§ 195-21 Preapplication.

A. Prior to the filing of an application for subdivision approval, the subdivider should meet in person with the Director of Planning and the Town Engineer or their designated representative to discuss the proposed subdivision so that the necessary subsequent steps may be undertaken with a clear understanding of the Board's attitude and requirements in matters of land development.

B. The subdivider shall submit to the Director of Planning and the Town Engineer sufficient information so that a tentative determination may be made to ascertain whether the proposed subdivision is to be processed as a minor or major subdivision.

C. Following the steps in Subsections A and B, the applicant will submit the information contained in preapplication data to the Planning Board for a public discussion and tentative Planning Board recommendation prior to the submittal or a formal application for approval of the preliminary layout. The fee for such preapplication shall be as set forth in § 168-1, Master Fee Schedule for Land Development Applications and Permits.

[Amended 10-5-2010 by L.L. No. 9-2010]

D. Following this step the subdivider shall then make appropriate application as required by this Part 1, in the required time limits.

§ 195-22 Approval of minor subdivision.

A. Application and fee.

(1) Within six months after tentative classification of a proposal as a minor subdivision by the Director of Planning, the subdivider shall submit an application in triplicate for approval of a minor subdivision plat. Failure to do so shall require resubmission of the proposal to the Director for reclassification. Said application shall contain the requirements listed in Article V, § 195-26, and shall conform to the general requirements and design standards specified in Article VI.

[Amended 7-19-1988 by L.L. No. 30-1988]

(2) An application fee in the amount set forth in § 168-1, Master Fee Schedule for Land Development Applications and Permits, shall be charged and collected upon the filing of the application.

[Amended 1-6-1981 by L.L. No. 2-1981; 7-2-1985 by L.L. No. 8-1985; 2-3-1987 by L.L. No. 1-1987; 12-15-1987 by L.L. No. 35-1987; 7-19-1988 by L.L. No. 30-1988; 11-15-1988 by L.L. No. 43-1988; 2-7-1989 by L.L. No. 4-1989; 12-19-1989 by L.L. No. 24-1989; 10-5-2010 by L.L. No. 9-2010]

(3) (Reserved)[1]

[1] Editor's Note: Former Subsection A(3), added 7-2-1985 by L.L. No. 9-1985, as amended, concerning a water consultant fee, was repealed 10-5-2010 by L.L. No. 9-2010.

(4) The applicant must post notification signs in accordance with § 205-7, Notification signs.

[Added 3-18-2003 by L.L. No. 5-2003]

(5) Within 50 days of acceptance of a formal application, the Planning Board shall conduct a public informational hearing

[Added 4-20-2004 by L.L. No. 8-2004]

(6) The applicant shall give notice of the public informational hearing to all interested parties in accordance with the procedures set forth in Chapter 205 of the Code of the Town of Yorktown.

[Added 4-20-2004 by L.L. No. 8-2004]

B. Number of copies. The original and three copies of the subdivision plat shall be presented to the Secretary of the Planning Board at least 15 days prior to a scheduled monthly meeting of the Planning Board. Such original shall have the approval of the appropriate Health Department at the time of presentation.

C. No jurisdiction. Upon presentation of the proper application fee and proposed subdivision map to the Planning Board, the Board may accept or indicate no jurisdiction and endorse such action on the original of such plat. Such plat shall be filed in the County Clerk's office in accordance with and under the time limits indicated below.

D. Coordination with State Environmental Quality Review Act.

[Added 1-6-1998 by L.L. No. 3-1998]

(1) Preliminary plats and final plats where no preliminary plat was required 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. The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion.

(2) When the Planning Board is lead agency under the State Environmental Quality Review Act (SEQRA), any public hearing held by the Planning Board on a preliminary plat, on a final plat where no preliminary plat was required, or on a final plat which does not substantially conform to an approved preliminary plat shall be coordinated with the environmental review process as follows:

(a) If the Planning Board determines that the preparation of an environmental impact statement is not required, the public hearing on the plat shall be held within 62 days after the receipt of a complete preliminary plat.

(b) If the Planning Board determines that the preparation of an environmental impact statement is required, and a public hearing on the draft environmental impact statement is held, the public hearing on the 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. If no public hearing is held on the draft environmental impact statement, the public hearing on the plat shall be held within 62 days of filing the notice of completion.

(c) The hearing on the plat shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing if held independently of the hearing on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. The hearing on the plat shall be completed within 120 days after it has begun.

(d) If the Planning Board determines that 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. If no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 62 days following the close of the public hearing on the 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 plat.

(3) If the Planning Board is not lead agency under the State Environmental Quality Review Act, any public hearing held by the Planning Board on a preliminary plat, on a final plat where no preliminary plat was required or on a final plat which does not substantially conform to an approved preliminary plat shall be coordinated with the environmental review process as follows:

(a) The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the plat jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement, the Planning Board shall hold the public hearing on the plat within 62 days after the receipt of a complete plat by the Clerk of the Planning Board.

(b) The hearing on the plat shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing if held independently of the hearing on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such a manner as it deems most appropriate for full public consideration of such plat. The hearing on the final plat shall be completed within 120 days after it has begun.

(c) The Planning Board shall act on the plat within 62 days after the close of the public hearing on such plat.

E. Public hearing.

[Amended 3-6-1982; 8-18-1987 by L.L. No. 22-1987; 1-16-1990 by L.L. No. 1-1990]

(1) A public hearing shall be held by the Planning Board within 90 days from the time of submission of the subdivision plat and all supporting documents for approval. Said hearing shall be advertised in a newspaper of general circulation in the Town at least five days prior to such hearing.

(2) At the public hearing required before the Planning Board, the applicant, or his agent or attorney, shall certify, as part of the record, that written notice of the date, time and place of the hearing, and a brief statement describing the action under consideration, on forms to be obtained from the Planning Department, was sent not less than five days prior to the date of such hearing, to each interested party as herein defined. Each such written notice shall be sent by the applicant by first class mail by the United States Post Office. Prior to the public hearing the applicant shall submit a separate certificate of mailing issued by the United States Post Office for each notice mailed, together with a copy, certified by the applicant or his attorney as true and correct, of the notices actually mailed. Same shall all be filed with the Secretary of the Planning Board and constitute part of the official file.

[Amended 7-18-2017 by L.L. No. 11-2017]

(3) It shall be the responsibility of the applicant to assure that each interested party receives the notice prescribed herein. Accordingly, it shall be insufficient for an applicant to rely on the tax rolls of the Town of Yorktown for the purpose of sending notice to interested parties; all interested parties must, in fact, receive notice.

(4) Actual notice shall be deemed received upon the receipt of the following:

(a) The applicant or prospective purchaser shall furnish to the Director of Planning proof of service of the required notice. Proof of service may consist of the following: United States Post Office return receipts showing delivery to the owner and/or interested party; an affidavit of service showing personal delivery to the owner and/or interested party; or an affidavit showing mailing of notice along with delivery of the notice to the premises of an interested party.

(b) Failure to comply with this section prior to the close of the public hearing shall be deemed a jurisdictional defect requiring adjournment of the public hearing until compliance herewith is established. In the event that the Planning Board should receive sufficient proof of improper notice subsequent to the close of the public hearing, jurisdiction shall be deemed defective, resulting in the voiding of all approvals.

F. Action on subdivision plat. The Planning Board shall, within 90 days from the close of the public hearing, by resolution, conditionally approve with or without modification, disapprove or grant final approval and authorize the signing of the subdivision plat.

[Amended 8-18-1987 by L.L. No. 22-1987]

G. Signing of plat. At a regular or special meeting of the Planning Board, upon receipt of notification from the Director of Planning and/or Town Engineer that the required modifications, if any, have been made on the plat and the terms of the resolution approving the plat have been met, the Chairman and Secretary of the Board shall sign the original and one print of the plat as approved by the Board. Such original shall be returned to the subdivider.

H. Filing of plat. The approved plat shall be recorded and filed in the County Clerk's office within 30 days from the date of approval by the Board as set forth in Subsection F; otherwise said approval shall become null and void.

I. Responsibility after filing. After filing the plat with the County Clerk's office, the subdivider shall enter the county file number and the date of filing on one lithoprint of the approved plat on tracing cloth and five black or blue line prints on white paper and shall deliver them to the Director of Planning, together with one lithoprint of the plat reduced to a scale of 200 feet to the inch, one lithoprint to an exact scale of 100 feet to the inch and two linen-backed photostats of the filed map from the Land Receiver's office. The Director of Planning shall deliver one print and photostat to the Town Engineer, one print and photostat to the Assessor's office, one print to the Building Inspector, one print to the school district in which the subdivision is located and the lithoprint at a scale of 100 feet to the inch to the Town Assessor.

J. Issuance of building permits. Upon receipt of notification from the Director of Planning that the plat has been filed, the Building Inspector may issue building permits for lots within the approved plat after determining that the plans and data submitted are in full compliance with all requirements of Chapter 300, Zoning, and all other applicable codes and ordinances.

§ 195-23 Preliminary plat for major subdivision.

A. Within six months after tentative classification of a proposal as a major subdivision, a preliminary plat and other documents, as specified in Article V, § 195-27, shall be prepared by the subdivider in accordance with the general requirements and design standards specified in Article VI and conforming to the conclusions reached by the Director of Planning and Town Engineer in regard to the preapplication conference. Failure to do so within six months shall require resubmission of the proposal to the Director for reclassification.

B. Application and fee.

(1) Application for conditional approval of the preliminary plat shall be submitted in triplicate by the subdivider to the Board, together with the original and four prints of the preliminary plat and other specified documents, at least 15 days prior to the meeting at which it is to be considered. The Board shall retain two prints and send two prints to the Town Engineer.

[Amended 7-19-1988 by L.L. No. 29-1988]

(2) An application fee in the amount set forth in § 168-1, Master Fee Schedule for Land Development Applications and Permits, shall be charged and collected upon the filing of the application.

[Amended 1-6-1981 by L.L. No. 2-1981; 7-2-1985 by L.L. No. 8-1985; 2-3-1987 by L.L. No. 1-1987; 12-15-1987 by L.L. No. 35-1987; 7-19-1988 by L.L. No. 29-1988; 11-15-1988 by L.L. No. 43-1988; 2-7-1989 by L.L. No. 4-1989; 12-19-1989 by L.L. No. 24-1989; 10-5-2010 by L.L. No. 9-2010]

(3) (Reserved)[1]

[1] Editor's Note: Former Subsection B(3), added 7-2-1985 by L.L. No. 9-1985, as amended, concerning a water consultant fee, was repealed 10-5-2010 by L.L. No. 9-2010.

(4) The applicant must post notification signs in accordance with § 205-7, Notification signs.

[Added 3-18-2003 by L.L. No. 5-2003]

(5) Within 50 days of acceptance of a formal application, the Planning Board shall conduct a public informational hearing

[Added 4-20-2004 by L.L. No. 8-2004]

(6) The applicant shall give notice of the public informational hearing to all interested parties in accordance with the procedures set forth in Chapter 205 of the Code of the Town of Yorktown.

[Added 4-20-2004 by L.L. No. 8-2004]

C. Public hearing and notice.

[Amended 3-16-1982; 8-18-1987 by L.L. No. 22-1987]

(1) Within 90 days of submission of the complete application and all required supporting documents to the Board, the Board shall schedule a public hearing on the proposal as submitted. Such hearing shall be advertised in the manner designated by § 276 of the Town Law.

[Amended 7-19-1988 by L.L. No. 29-1988]

(2) At the public hearing required before the Planning Board, the applicant, or his agent or attorney, shall certify, as part of the record, that written notice of the date, time and place of the hearing, and a brief statement describing the action under consideration, on forms to be obtained from the Planning Department, was sent not less than five days prior to the date of such hearing, to each interested party as herein defined. Each such written notice shall be sent by the applicant by first class mail by the United States Post Office. Prior to the public hearing the applicant shall submit a separate certificate of mailing issued by the United States Post Office for each notice mailed, together with a copy, certified by the applicant or his attorney as true and correct, of the notices actually mailed. Same shall all be filed with the Secretary of the Planning Board and constitute part of the official file.

[Amended 7-18-2017 by L.L. No. 11-2017]

(3) It shall be the responsibility of the applicant to assure that each interested party receives the notice prescribed herein. Accordingly, it shall be insufficient for an applicant to rely on the tax rolls of the Town of Yorktown for the purpose of sending notice to interested parties; all interested parties must, in fact, receive notice.

[Amended 1-16-1990 by L.L. No. 1-1996]

(4) The applicant shall furnish to the Planning Board a complete list of interested parties, along with proof of service and/or mailing of notices. The list of included parties shall be certified either by the applicant or the applicant's attorney or agent.

[Added 4-20-1988 by L.L. No. 17-1988]

(5) Failure to comply with this section prior to the close of the public hearing shall be deemed a jurisdictional defect requiring adjournment of the public hearing until compliance herewith is established. In the event that the Planning Board should receive sufficient proof of improper notice subsequent to the close of the public hearing, jurisdiction shall be deemed defective, resulting in the voiding of all approvals.

[Amended 1-16-1990 by L.L. No. 1-1990]

(6) Actual notice shall be deemed received upon the receipt of the following: the applicant or prospective purchaser shall furnish to the Planning Director proof of service of the required notice. Proof of service may consist of the following: United States Post Office return receipts showing delivery to the owner and/or interested party; an affidavit of service showing personal delivery to the owner and/or interested party; an affidavit showing mailing of notice along with delivery of the notice to the premises of an interested party.

[Added 1-16-1990 by L.L. No. 1-1990]

D. Upon referral by the Planning Board, the Director of Planning and the Town Engineer, or their designated representatives, shall review the preliminary plat and accompanying documents to ascertain their conformity to Chapter 300, Zoning, and to this Part 1, then meet with the subdivider with regard to changes deemed advisable and the kind and extent of improvements to be made. The Director of Planning and Town Engineer shall then report their findings to the Board.

E. The Board, within 90 days from the date of public hearing, unless an extension of time is mutually agreed upon by the Board and the subdivider, shall, by resolution, approve with or without modification or disapprove such application. When such approval is conditioned upon modification of the proposal or is disapproved, the grounds for such modification and/or disapproval shall be indicated by the Board.

[Amended 8-18-1987 by L.L. No. 22-1987]

F. Approval of the preliminary plat by the Board shall be designated conditional approval. Conditional approval of the preliminary plat 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 for the preparation of the plat to be submitted to the Board for approval. For the protection of the subdivider, it is stressed that the Board's approval of the preliminary layout be secured before undertaking the final survey of streets and lots and final construction plans and that the start of any grading or street construction work await approval of the final plat by the Board.

G. The conditions, if any, or modifications, if any, shall be noted on two prints of the preliminary layout. The Board shall retain one print and return one to the subdivider.

H. The subdivider shall enter the conditions, if any, and modifications, if any, on the original and submit six revised prints and one sepia to the Board.

I. The revised prints, listing the conditions or modifications necessary for submission of the plat in final form, shall be signed by the Chairman and Secretary. A certified copy shall be mailed to the subdivider. Three prints shall be given to the Town Engineer and two prints and the sepia shall be retained by the Director of Planning.

J. The approval granted under this section shall expire 180 days from the date of resolution unless a plat in final form, for at least 10% of the number of lots, has been submitted to the Board as required in § 195-25A.

K. In the event that the Board fails to act within the above time limits, such plats, as submitted, shall be deemed to have been granted preliminary approval and shall be so certified to by the Town Clerk who shall certify the time of submission and failure to take action.

§ 195-24 Plat for major subdivision.

A. The plat in final form and other documents as specified in Article V, § 195-27, shall be prepared by the subdivider in accordance with the general requirements and design standards specified in Article VI, and shall be submitted to the Board within six months after conditional approval of the preliminary plat; otherwise said conditional approval shall become null and void.

B. Application and fee.

(1) Application for approval of the plat in final form shall be submitted in triplicate by the subdivider to the Board, together with the original and four prints of the plat in final form and supporting documents, at least 15 days prior to the meeting at which it is to be considered.

(2) An application fee in the amount set forth in § 168-1, Master Fee Schedule for Land Development Applications and Permits, shall be charged and collected upon the filing of the application.

[Amended 1-6-1981 by L.L. No. 2-1981; 7-2-1985 by L.L. No. 8-1985; 2-3-1987 by L.L. No. 1-1987; 12-15-1987 by L.L. No. 35-1987; 2-7-1989 by L.L. No. 4-1989; 12-19-1989 by L.L. No. 24-1989; 10-5-2010 by L.L. No. 9-2010]

(3) The applicant must post notification signs in accordance with § 205-7, Notification signs.

[Added 3-18-2003 by L.L. No. 5-2003]

(4) Within 50 days of acceptance of a formal application, the Planning Board shall conduct a public informational hearing.

[Added 4-20-2004 by L.L. No. 8-2004]

(5) The applicant shall give notice of the public informational hearing to all interested parties in accordance with the procedures set forth in Chapter 205 of the Code of the Town of Yorktown.

[Added 4-20-2004 by L.L. No. 8-2004]

C. Development of subdivision by sections.

(1) The plat in final form shall conform substantially to the preliminary plat conditionally approved by the Board and, if desired by the subdivider, it may constitute only that portion of the approved preliminary plat which he proposes to record and develop at the time; provided, however, that said portion conforms to all requirements of this Part 1 and § 276 of the Town Law.

(2) When the subdivision is to be submitted in more than one section, the Board shall, at its action taken on the first section, determine the length of time that the conditional approval of the preliminary plat shall be valid for the remaining sections and state and impose that such requirements as the Board deems necessary to ensure the orderly development of the plat shall be completed before such sections may be signed by the duly authorized officer of the Board as set forth in Subsection H below.

D. Upon referral by the Planning Board, the Director of Planning and the Town Engineer, or their designated representatives, shall review the plat in final form and accompanying documents to ascertain their conformity to Chapter 300, Zoning, and to this Part 1, then meet with the subdivider with regard to changes deemed advisable and the kind and extent of improvements to be made. The Director of Planning and the Town Engineer shall then report their findings to the Board.

E. The date of submission of the plat in final form shall be the regular or special meeting of the Planning Board at which the plat in final form and all supporting documents, including the final report from the Director of Planning and Town Engineer, are received by the Board.

F. Public hearing.

(1) Within 90 days of submission of the plat in final form and all supporting documents, the Board shall hold a public hearing as provided in § 276 of the Town Law. Such public hearing shall be advised five days prior to the hearing in a paper of general circulation in the Town. If the Planning Board deems the plat in final form to be in substantial agreement with the preliminary plat approved after a public hearing, the Planning Board may waive such hearing, provided that the conditions of approval and/or required modifications to the preliminary plat have been complied with and are shown on the map in final form submitted for consideration.

[Amended 8-18-1987 by L.L. No. 22-1987]

(2) Within 90 days of the public hearing indicated in Subsection F(1) above, or within 90 days of receipt by the Clerk of the Planning Board of a plat in final form if no such hearing is required by the Planning Board, the Planning Board shall, by resolution, conditionally approve, conditionally approve with or without modification, disapprove or grant final approval and authorize the signing of the plat, unless the Board and the subdivider mutually agree to an extension of time.

[Amended 8-18-1987 by L.L. No. 22-1987]

(3) If the Planning Board fails to act on the final plat, within the above time limits such plats, as submitted, shall be deemed to have been approved and shall be so certified by the Town Clerk who shall ascertain the date of submission and the failure of the Board to take any action.

(4) Within five days of the resolution approving the plat it shall be so certified by the Clerk of the Planning Board as being conditionally approved, and a copy shall be filed in the Clerk's office and a copy shall be mailed to the subdivider.

(5) This conditional approval of the final plat shall expire 180 days after the date of the approving resolution, unless the requirements contained in the resolution have been complied with, or unless the approval is extended by resolution of the Board. No more than two additional periods of 90 days each are allowed by Town Law.

G. Improvements or security.

(1) The subdivider shall comply with either of the following requirements:

(a) All required improvements shall be completed to the satisfaction of the Town Engineer before the map is signed by the Planning Board or any building permits are issued on said platted land. Said improvements shall be completed within six months from the date of the approval in Subsection F above; otherwise said approval shall become null and void.

(b) Security to ensure the completion of all physical improvements and the preservation of all topographical features shown on approved construction plans shall be submitted by the subdivider to the Board within 60 days and in accordance with the resolution approving the subdivision as listed in Subsection F above.

(2) This security shall have the following form. Five percent shall be in the form of cash or other security acceptable by the Town Board, and 95% shall be in the form of an acceptable bond. Said security shall carry the condition that the subdivider complete the required improvements to the satisfaction of the Town Engineer within 12 months from the date of bond or date of security. Said bond or security may be renewed by the Board upon application within said twelve-month period and upon findings by the Board of such facts as will justify a further extension of time to complete the required improvements. Should a certificate of occupancy be issued for a lot on a new street in the plat and the subdivider fails to complete the required improvements within 12 months from the issuance of such certificate of occupancy, no further extension of time under the bond or security may be granted. Said bond or security shall be approved as to sufficiency by the Town Engineer and, after being approved by the Town Attorney as to form, manner of execution and surety shall be filed by the Town Engineer with the Town Clerk or Town Board.

H. At a regular or special meeting of the Planning Board upon receipt of notification from the Town Engineer that the required improvements have been satisfactorily installed, or upon the acceptance of an approved performance bond by the Town Board and upon notification from the Director of Planning that appropriate sections of the resolution approving the plat have been complied with, the Chairman and Secretary of the Board shall sign the original and one print of the plat as approved by the Board. Such approval shall in no way constitute an acceptance by the Town of the dedication of any street or highway. To secure said acceptance by the Town, the subdivider shall address a written request to the Town Board.

I. The signed plat shall be recorded and filed in the County Clerk's office within 30 days; otherwise, such signature constituting approval shall become null and void and reapplication shall be made to the Board.

J. After filing the plat with the County Clerk's office, the subdivider shall enter the county file number and the date of filing on one lithoprint of the approved plat on tracing cloth and five black or blue line prints on white paper and shall deliver them to the Director of Planning, together with one lithoprint of the plat reduced to a scale of 200 feet to the inch, one lithoprint to an exact scale of 100 feet to the inch and two linen-backed photostats of the filed map from the Land Receiver's office. The Director of Planning shall deliver one print and photostat to the Town Engineer, one print and photostat to the Assessor's office, one print to the Building Inspector, one print to the school district in which the subdivision is located and the lithoprint of 100 feet scale to an inch to the Town Assessor.

K. Upon receipt of notification from the Director of Planning that the map has been filed, the Building Department may issue building permits for lots within the approved plat, upon determining that the plans and data submitted are in full compliance with all requirements of Chapter 300, Zoning, and all other applicable codes and ordinances.

L. Upon receipt of notification from the Town Engineer that the required improvements have been satisfactorily installed and that a satisfactory maintenance bond, approved by the Town Attorney, has been filed with the Town Board, the Planning Board shall advise the Town Board that the performance bond, filed in connection with the approved plat, may be released and the maintenance bond accepted by the Town Board.

M. In the event that the developer constructs the public facilities rather than post a performance bond, the Board will require a maintenance bond or equivalent security equal to 10% of the estimated performance bond, approved by the Town Attorney as to form and sufficiency, to be tended and accepted by the Town Board prior to the map being signed for filing. Such bond shall run for a term of one year from the date of acceptance by the Town of the constructed facilities and shall be utilized to assure the repair or replacement of such facilities during that period.