[Amended 8-21-1963; 11-15-1967]
A.
Whenever any subdivision of land is proposed, before
any contract is made for the transfer of ownership of any part thereof
and before any permit for the erection of a structure in such proposed
subdivision shall be granted, the subdivider 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:
B.
Resubdivision. For a resubdivision, the same procedure,
rules and regulations shall apply as for a subdivision.
C.
Small subdivision. For a subdivision or resubdivision which does not create one or more new streets or highways, nor, in the opinion of the City Engineer, involves any drainage improvements such as are provided for in § 170-15B, nor any reservation of land or easement as is provided for in § 170-17, and which complies in every respect with such other requirements of Article IV as are relevant, the Planning Commission, upon application by the subdivider, may waive all or part of the preliminary layout material required to be submitted under § 170-20 and of the procedure for tentative approval specified in § 170-6.
D.
Informal review. Prior to making an application for tentative approval of a preliminary layout, as provided for in § 170-6 of this chapter, the subdivider may request an informal review of his subdivision concept by the Planning Commission. The request shall be made by submitting a letter explaining the concept, with a sketch layout attached, along with 17 copies, and be accompanied by an informal review application fee. The City Council shall set the fee annually by resolution before adoption of the budget. The letter shall be presented to the City Planner for filing with the Planning Commission. Prior to the meeting at which the informal review will be heard, the subdivider shall post a sign on the property in accordance with the same requirements as set forth in § 170-7C(6) of this chapter for a public hearing.
[Added 4-4-1990 by L.L. No. 9-1990; amended 12-18-1991 by L.L. No. 30-1991; 12-16-1992 by L.L. No. 20-1992; 12-16-1998 by L.L. No. 13-1998]
E.
Exemptions for historic properties. This chapter
shall not apply to lots created by the donation of portions of historic
sites to a nonprofit educational corporation for the purposes of historic
preservation and adaptive reuse, subject to the following limitations:
[Added 6-16-1993 by L.L. No. 7-1993]
(1)
The land and buildings located thereon are designated as protected sites and structures pursuant to Chapter 117, Landmarks Preservation, of the Code of the City of Rye and listed on the National Register of Historic Places.
(2)
A certificate of appropriateness is obtained from the Board of Architectural Review pursuant to Chapter 117, Landmarks Preservation, of the Code of the City of Rye.
(4)
If such lot or lots do not have frontage on an approved
and improved street, a variance must be obtained from the Board of
Appeals, as permitted by General City Law, to be provided by an easement
to a street or an easement to another lot which has actual street
frontage.
A.
Discussion of requirements. Before preparing the preliminary
layout, it is recommended that the subdivider discuss with the Planning
Commission, or its representative, the requirements as to general
layout of streets and for reservations of land, tree preservation,
street improvements, drainage, sewerage, water, fire protection, other
community services and facilities and similar matters, as well as
the availability of existing services. The subdivider should also
discuss the preliminary layout with the County Health Department,
which must eventually approve any subdivision plat.
[Amended 4-7-1976]
B.
Application procedure.
[Amended 2-19-1964; 12-5-1984 by L.L. No. 17-1984; 10-19-1988 by L.L. No. 16-1988; 11-2-1988 by L.L. No. 18-1988]
(1)
Prior to filing application for the approval of a
subdivision plat, the subdivider shall file application for tentative
approval of a preliminary layout. The application shall:
(a)
Be made on forms available at the office of
the City Planner.
(c)
Be presented to the City Planner for filing
at the next regular meeting of the Planning Commission.
(d)
Be accompanied by an application fee to be set
by the City Council annually by resolution before adoption of the
budget. In addition, the Planning Commission, in the review of the
application, may refer such application to the Westchester County
Soil and Water Conservation District for a written review. Fees charged
by the Westchester County Soil and Water Conservation District for
its written review shall be paid by the applicant before action is
taken on the application. Payment of the fee shall be a check made
payable to the Westchester County Soil and Water Conservation District
and shall be submitted to the City Planner for transmittal to the
Westchester County Soil and Water Conservation District.
[Amended 4-4-1990 by L.L. No. 9-1990; 4-17-1991 by L.L. No. 5-1991; 12-18-1991 by L.L. No.
30-1991; 12-16-1992 by L.L. No. 20-1992; 12-18-1996 by L.L. No. 16-1996; 12-16-1998 by L.L. No. 13-1998]
(2)
Due to the large additional administrative and inspection
expenses incurred by the city, an additional application fee, to be
set by the City Council annually by resolution before adoption of
the budget, shall be payable when construction or occupancy has commenced
prior to the issuance of a resolution of approval from the Rye City
Planning Commission or when construction and/or use which requires
modification of a previous approval has commenced prior to the issuance
of a resolution of approval from the Rye City Planning Commission,
except in the following specific cases:
[Added 11-18-1992 by L.L. No. 14-1992; amended 12-16-1998 by L.L. No. 13-1998]
(a)
The additional fee shall not apply to trees removed without prior approval; such removal shall remain subject to the fees set forth in § 170-11B of this chapter.
(b)
If a building permit and/or a certificate of
occupancy has been issued by the Building Department or a street opening
permit and/or surface water control permit has been issued by the
Engineering Department prior to construction, the additional fee shall
be reduced by 75%.
(3)
The Planning Commission in the review of any application
may refer such application to such engineering, planning, legal, technical
or environmental consultant or other professionals, hereinafter referred
to as "consultant or consultants," as it deems reasonably necessary
to enable it to review such application as required by law, provided
that the required expertise is not available from city staff, and
subject to the following:
[Added 10-8-1997 by L.L. No. 13-1997]
(a)
The detailed statement of the consulting services
to be provided by the consultant shall include the consultant's fees
for said services and a statement by the consultant that the applicant,
not the city, shall be ultimately responsible to the consultant for
the services provided. The detailed statement shall be sent to the
applicant by the City Planner via certified mail, return receipt requested.
(b)
If the applicant wishes to review the services
and the costs with the Planning Commission, the request for a review
shall be in writing and mailed to the City Planner via certified mail,
return receipt requested, within seven days of the applicant's receipt
of the service and cost statement provided by the City Planner. The
Planning Commission shall review the services and costs with the applicant
at its next regular meeting following receipt of the request.
(c)
The City Planner shall authorize the consultant
to proceed if he/she has not received a written request for a review
of the consultant's services and costs from the applicant within seven
days of the applicant's receipt of the City Planner's transmittal.
The receipt date is the date shown as received on the return receipt
card returned by the post office.
(d)
The applicant shall pay the consultant's fee
upon receipt of the consultant's detailed statement for the services
provided. The statement will be forwarded to the applicant by the
City Planner.
(e)
Payment of the consultant's fees shall be required
in addition to any and all other fees required by this or any other
section of this chapter or any other city law or regulation.
(f)
The Planning Commission document taking final
action on the application shall not be issued until all consultant's
fees charged in connection with the review of the applicant's project
have been paid. Payment of the consultant's fees shall be by check
made payable to the consultant and shall be submitted to the City
Planner for transmittal to the consultant.
C.
Proposed roads to be staked. To permit the Planning
Commission to check the proposed subdivision street layout, the Commission
may require that certain roads shall be staked along their center
line every 50 feet. Each stake shall be marked so that it can be located
on the preliminary layout and shall show approximate height of proposed
cut or fill at that point.
D.
Attendance of subdivider at Planning Commission meeting.
It is recommended that the subdivider or his authorized representative
attend a meeting of the Planning Commission to discuss the preliminary
layout.
E.
Study of layout. The Planning Commission will carefully
study the preliminary layout, taking into consideration the requirements
of these 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, tree
preservation, sewage disposal, drainage, lot sizes and arrangement,
the future development of adjoining lands as yet unsubdivided, the
requirements of the Official Map and the requirements of the City
Development Plan as adopted by the Planning Commission.
[Amended 4-7-1976]
F.
Informal public hearing and public notification by
subdivider. The Planning Commission, at its discretion, may hold an
informal public hearing on the preliminary layout, particularly where
the layout of the subdivision will affect adjacent properties. In
the event that more than one informal public hearing is held, a fee,
to be set by the City Council annually by resolution before adoption
of the budget, shall be paid for each additional informal public hearing.
To facilitate notification of the public, a public notification list
shall be prepared by the subdivider, using the most current City of
Rye Tax Maps and Tax Assessment Roll, showing the Tax Map sheet, block
and lot number, the owner's name and owner's mailing address for each
property located wholly or partially within 300 feet of the perimeter
of the property that is the subject of the application. If a property
on the public notification list is also listed as a cooperative or
an apartment on a list entitled "Apartment List City of Rye," maintained
by the City Assessor's office, the notice shall only be mailed to
the property owner of record. When an informal public hearing is required
by the Planning Commission, the subdivider shall deliver a copy of
the public notice provided by the City Planner to all of the property
owners contained on the public notification list and shall post a
sign on the property in accordance with the following requirements:
[Amended 11-2-1988 by L.L. No. 18-1988; 11-20-1991 by L.L. No. 20-1991; 12-18-1991 by L.L. No. 30-1991; 12-18-1996 by L.L. No. 16-1996; 12-16-1998 by L.L. No. 13-1998; 3-10-2010 by L.L. No.
4-2010[1]]
(1)
The
mailing shall be limited solely to the public notice provided to the
applicant by the City Planner.
(2)
The
public notice shall be mailed to all property owners by certified
mail with certificate of mailing (no return receipt necessary) at
a post office or official depository of the Postal Service, at least
10 days prior to the date of the public hearing.
(3)
At least
five business days prior to the public hearing, the subdivider shall
provide to the City Planner all certificates of mailing.
(4)
At least
one week preceding the date of the public hearing at least one sign,
a minimum of two feet by three feet in size and carrying a legend
prescribed by the Planning Commission announcing the public hearing,
shall be posted on the property. The height of the lettering on the
sign shall be no less than two inches, except that the words "PUBLIC
NOTICE" appearing at the top of the sign shall have no less than five-inch-high
lettering. The sign shall be in full public view from the street and
not more than 30 feet therefrom. The sign shall be removed from the
property within two days after the public hearing.
(5)
In accordance
with General City Law, at least five days prior to the public hearing,
the City will publish a notice regarding the public hearing in the
official newspaper of the City. The applicant shall be responsible
for payment of all fees associated with such publication and any subsequent
publication necessary.
[1]
Editor's Note: This local law provided that it shall take
effect 5-1-2010.
G.
Required changes for tentative approval. After discussion
of the preliminary layout, the Planning Commission shall advise the
subdivider, in writing, of the specific changes, if any, it will require
in the layout and of the character and extent of required improvements
and land reservations which it will require as a prerequisite to the
approval of the subdivision plat. This shall constitute tentative
approval of the preliminary layout, but prior to approval of the subdivision
plat, the Planning Commission may require additional changes as a
result of further study of the subdivision in final form.
A.
Application procedure.
[Amended 8-21-1963; 2-19-1964; 4-7-1976; 10-12-1976; 12-5-1984 by L.L. No. 17-1984; 5-21-1986 by L.L. No. 7-1986; 10-19-1988 by L.L. No. 16-1988; 11-2-1988 by L.L. No. 18-1988]
(1)
Within one year of the tentative approval of the preliminary layout or of the waivers granted under § 170-5C, the subdivider, if he wishes to proceed with the subdivision, shall file with the Planning Commission an application for approval of a subdivision plat. Failure to do so voids the tentative approval of the preliminary layout, unless the subdivider is granted an extension of this period by the Planning Commission. Such application shall:
(a)
Be made on forms available at the office of
the City Planner.
(c)
Be accompanied by a minimum of 14 copies of the subdivision plat, tree preservation plan, construction plans, erosion and sediment control plan and surface water control plan, as described in § 170-21 of these regulations.
(d)
Not be accepted or considered officially filed unless it complies in all respects with § 170-21 and with the preliminary layout as approved.
(e)
Be presented to the City Planner for filing
at the next regular meeting of the Planning Commission.
(f)
Be accompanied by an application fee, except that the fee for a subdivision or resubdivision subject to the waiver provisions of § 170-5C shall be as set forth therein. In the event that more than one public hearing is held, a fee shall be paid for each additional public hearing. The City Council shall set the fees annually by resolution before adoption of the budget. In addition, the Planning Commission in the review of the application may refer such application to the Westchester County Soil and Water Conservation District for a written review. Fees charged by the Westchester County Soil and Water Conservation District for its written review shall be paid by the applicant before action is taken on the application. Payment of the fee shall be by a check made payable to the Westchester County Soil and Water Conservation District and shall be submitted to the City Planner for transmittal to the Westchester County Soil and Water Conservation District.
[Amended 4-4-1990 by L.L. No. 9-1990; 4-17-1991 by L.L. No. 5-1991; 12-18-1991 by L.L. No.
30-1991; 12-16-1992 by L.L. No. 20-1992; 12-16-1998 by L.L. No. 13-1998]
(2)
Due to the large additional administrative and inspection
expenses incurred by the city, an additional application fee, to be
set by the City Council annually by resolution before adoption of
the budget, shall be payable when construction or occupancy has commenced
prior to the issuance of a resolution of approval from the Rye City
Planning Commission or when construction and/or use which requires
modification of a previous approval has commenced prior to the issuance
of a resolution of approval from the Rye City Planning Commission,
except in the following specific cases:
[Added 11-18-1992 by L.L. No. 14-1992; amended 12-16-1998 by L.L. No. 13-1998]
(a)
The additional fee shall not apply to trees removed without prior approval; such removal shall remain subject to the fees set forth in § 170-11B of this chapter.
(b)
If a building permit and/or a certificate of
occupancy has been issued by the Building Department or a street opening
permit and/or surface water control permit has been issued by the
Engineering Department prior to construction, the additional fee shall
be reduced by 75%.
(3)
The Planning Commission in the review of any application
may refer such application to such engineering, planning, legal, technical
or environmental consultant or other professionals, hereinafter referred
to as "consultant or consultants," as it deems reasonably necessary
to enable it to review such application as required by law, provided
that the required expertise is not available from city staff, and
subject to the following:
[Added 10-8-1997 by L.L. No. 13-1997]
(a)
The detailed statement of the consulting services
to be provided by the consultant shall include the consultant's fees
for said services and a statement by the consultant that the applicant,
not the city, shall be ultimately responsible to the consultant for
the services provided. The detailed statement shall be sent to the
applicant by the City Planner via certified mail, return receipt requested.
(b)
If the applicant wishes to review the services
and the costs with the Planning Commission, the request for a review
shall be in writing and mailed to the City Planner via certified mail,
return receipt requested, within seven days of the applicant's receipt
of the service and cost statement provided by the City Planner. The
Planning Commission shall review the services and costs with the applicant
at its next regular meeting following receipt of the request.
(c)
The City Planner shall authorize the consultant
to proceed if he/she has not received a written request for a review
of the consultant's services and costs from the applicant within seven
days of the applicant's receipt of the City Planners transmittal.
The receipt date is the date shown as received on the return receipt
card returned by the post office.
(d)
The applicant shall pay the consultant's fee
upon receipt of the consultant's detailed statement for the services
provided. The statement will be forwarded to the applicant by the
City Planner.
(e)
Payment of the consultant's fees shall be required
in addition to any and all other fees required by this or any other
section of this chapter or any other city law or regulation.
(f)
The Planning Commission document taking final
action on the application shall not be issued until all consultant's
fees charged in connection with the review of the applicant's project
have been paid. Payment of the consultant's fees shall be by check
made payable to the consultant and shall be submitted to the City
Planner for transmittal to the consultant.
B.
Endorsement of County and State Health Departments.
The proposed subdivision plat shall be properly endorsed by the County
Health Department, as required by the County Sanitary Code, before
any public hearing is scheduled. The plat should be in final form
before submission to the County Health Department for approval. Where
the proposed subdivision is to be served by sanitary sewers, proof
of State Health Department approval shall also be submitted.
C.
Public hearing and public notification by subdivider.
Before the Planning Commission acts on any subdivision plat, it shall
hold a public hearing thereon in accordance with the General City
Law. To facilitate notification of the public, a public notification
list shall be prepared by the subdivider, using the most current City
of Rye Tax Maps and Tax Assessment Roll, showing the Tax Map sheet,
block and lot number, the owner's name and owner's mailing address
for each property located wholly or partially within 300 feet of the
perimeter of the property that is the subject of the application.
If a property on the public notification list is also listed as a
cooperative or an apartment on a list entitled "Apartment List City
of Rye," maintained by the City Assessor's office, the notice shall
only be mailed to the property owner of record. When an informal public
hearing is required by the Planning Commission, the subdivider shall
deliver a copy of the public notice provided by the City Planner to
all of the property owners contained on the public notification list
and shall post a sign on the property in accordance with the following
requirements:
[Amended 11-2-1988 by L.L. No. 18-1988; 11-20-1991 by L.L. No. 20-1991; 3-10-2010 by L.L. No.
4-2010[1]]
(1)
The
mailing shall be limited solely to the public notice provided to the
applicant by the City Planner.
(2)
The
public notice shall be mailed to all property owners by certified
mail with certificate of mailing (no return receipt necessary) at
a post office or official depository of the Postal Service, at least
10 days prior to the date of the public hearing.
(3)
At least
five business days prior to the public hearing, the subdivider shall
provide to the City Planner all certificates of mailing.
(4)
At least
one week preceding the date of the public hearing at least one sign,
a minimum of two feet by three feet in size and carrying a legend
prescribed by the Planning Commission announcing the public hearing,
shall be posted on the property. The height of the lettering on the
sign shall be no less than two inches, except that the words "PUBLIC
NOTICE" appearing at the top of the sign shall have no less than five-inch-high
lettering. The sign shall be in full public view from the street and
not more than 30 feet therefrom. The sign shall be removed from the
property within two days after the public hearing.
(5)
In accordance
with General City Law, at least five days prior to the public hearing,
the City will publish a notice regarding the public hearing in the
official newspaper of the City. The applicant shall be responsible
for payment of all fees associated with such publication and any subsequent
publication necessary.
[1]
Editor's Note: This local law provided that it shall take
effect 5-1-2010.
D.
Action on subdivision plat. The Planning Commission
shall, within 45 days from the official submittal date of the subdivision
plat, approve, modify and approve or disapprove the plat. If the plat
is disapproved, the reasons for such action shall be stated on the
records of the Planning Commission and a copy of such reasons will
be sent to the subdivider. If the plat is approved, it shall not be
signed by the approved officers of the Planning Commission until the
subdivider has met all the conditions of the action granting approval
of such plat.
E.
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made in any subdivision plat after
approval has been indicated by signature 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 Commission shall
institute proceedings to have said plat stricken from the records
of the County Clerk.
F.
Signing of subdivision plat.
(1)
The appropriate officers to sign an approved subdivision
plat shall be the Chairman and the Secretary. In the absence of the
Chairman, the Vice Chairman shall be authorized to sign in his place.
(2)
Every subdivision plat submitted to the Commission
for its approval shall carry the following endorsement:
|
"Approved by Resolution ______ of the Planning
Commission of the City of Rye, New York, on the _____ day of
_________20___, subject to all requirements and conditions of said
Resolution. Any change, erasure, modification or revision of this
plat, as approved, shall void this approval.
| |
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Signed this ______ day of ________ 20____."
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Chairman
| |
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Secretary
| |
G.
Duplicate of approved plat. The subdivider, before
filing the plat, shall have a duplicate made on tracing cloth and
deliver this duplicate to the Planning Commission for its files.
A.
Improvements and performance bond.
(1)
Following an action by the Planning Commission approving a subdivision plat and before the plat is signed by the appropriate officers of the Planning Commission, the subdivider shall be required to complete, in accordance with the Planning Commission's decision and to the satisfaction of the City Engineer or any other official authorized by law to act, all the street, sanitary and all other improvements specified or not officially waived in the action approving said plat, or, as an alternative, to file with the Planning Commission a bond estimated by the Commission as sufficient to secure to the city the satisfactory construction and installation of the uncompleted portion of the required improvements. Such performance bond shall comply with the requirements of Article 3, Section 33, of the General City Law, and shall be satisfactory to the Corporation Counsel as to form, sufficiency and manner of execution.
(2)
A period of one year or such other period as the Planning Commission may determine appropriate, not to exceed three years, within which required improvements must be completed, shall be specified by the Planning Commission and expressed in the bond. The bond shall provide that an amount determined adequate by the Planning Commission shall be retained for a period of one year after the date of completion of the required improvements to assure their satisfactory condition. The bond shall also provide for the satisfactory maintenance of streets in case the subdivider takes advantage of the provisions of § 170-10. All required improvements shall be made by the subdivider at his expense, without reimbursement by the city.
(3)
Waiver of required improvements. The Planning Commission
may waive, for such period as it may determine, the provision of any
or all such improvements as in its judgment are not necessary in the
interests of the public health, safety and general welfare. In the
case of each waiver granted, the Planning Commission shall enter upon
its records the reason or reasons why the particular improvement is
not necessary, and it shall attach appropriate conditions or require
such guaranties as may be necessary to protect the public interest.
(4)
Modification of design of improvements. If at any
time before or during the construction of the required improvements
it is demonstrated to the satisfaction of the City Engineer that unforeseen
conditions make it necessary or preferable to modify the location
or design of such required improvements, the City Engineer may authorize
such modifications upon written request of the subdivider, provided
that such modifications are within the spirit and intent of the Planning
Commission's approval and do not extend to the waiver or substantial
alteration of the function of any improvement required by the Commission.
The City Engineer shall issue any authorization under this subsection
in writing and shall transmit a copy of such authorization to the
Planning Commission for approval at its next regular meeting.
(5)
Modification of tree preservation plan. At such time
as a building permit or surface water control permit is requested
for the initial development of a main building on a lot in an approved
subdivision, the applicant for the permit shall submit a site layout
for the proposed improvements on the lot to the City Planner. The
City Planner shall review the proposed site improvements and the approved
subdivision tree preservation plan and determine if the proposed improvements
will result in the removal of or damage to any tree identified for
preservation on the tree preservation plan. When the City Planner
determines that the proposed improvements will require the removal
of a tree designated for preservation or will result in damage to
the tree by way of grading, removal of root systems or alteration
of the surface water runoff, he shall advise the applicant of his
findings and request that the applicant revise his layout so as to
avoid these conditions or to seek a modification of the subdivision
approval from the Planning Commission. All plans submitted for review
by the City Planner shall include an accurate topographic site plan,
indicating existing and proposed contours, supplemented with critical
spot elevations; plans for all proposed buildings, which shall include
finished floor elevations; all trees located on the lot, which are
designated for preservation or required to be installed under the
subdivision tree preservation plan; driveways, entrance walks, exterior
stairs and walls; and other proposed site improvements. No building
permit or surface water control permit shall be issued until the City
Planner has advised the issuing officers, in writing, that the proposed
improvements are consistent with the subdivision tree preservation
plan.
[Added 4-7-1976]
B.
Inspection of improvements.
(1)
Prior to the start of construction of any required
improvements, the subdivider shall furnish to the City Engineer a
copy of the specifications included in any contract entered into by
the subdivider for such construction.
(2)
The construction of all required improvements shall be supervised by a registered professional engineer employed by the subdivider, who, after completion of construction, shall certify to the Commission that all required improvements have been constructed as required and approved by the Commission or as such requirements have been modified by the City Engineer under Subsection A(4) above, and shall furnish to the City Engineer a certified plan showing all improvements as constructed in the same detail as required for the approved construction plan by § 170-21C.
(3)
The City Engineer or other designated official shall
inspect required improvements during the construction to assure their
satisfactory completion, and the Planning Commission shall require
a certificate from such official stating that all required improvements
have been satisfactorily completed. The City Planner shall inspect
the subdivision for compliance with the conditions of approval. The
subdivider shall pay to the city an inspection fee, to be set by the
City Council annually by resolution before adoption of the budget,
and the subdivision plat shall not be signed by the Chairman and the
Secretary of the Planning Commission until such fee has been paid.
In order to facilitate inspection, the subdivider's engineer shall
set stakes not more than 50 feet apart outside of the area to be disturbed
by construction along all street utility and drainage lines to be
built, marked with proper center-line stations, offset from the center
line and cut or fill at center line. Where several lines run parallel
to each other, only one set of stakes shall be required.
[Amended 10-12-1976; 10-19-1988 by L.L. No.
16-1988; 4-4-1990 by L.L. No. 9-1990; 12-18-1991 by L.L. No. 30-1991; 12-16-1992 by L.L. No. 20-1992; 12-16-1998 by L.L. No. 13-1998]
(4)
If the City Engineer finds, upon inspection, that
any of the required improvements have not been constructed in accordance
with the approved plans, the subdivider shall be responsible for completing
said improvements according to specifications. If the City Engineer
or other duly designated official does not carry out inspection of
required improvements during construction, the subdivider or the bonding
company shall not in any way be relieved of their responsibilities.
C.
Utilities. Where utilities required by the Planning
Commission are to be installed by a public utility company, the Planning
Commission, in its discretion, may accept assurance from the public
utility company, in writing, that such installations will be furnished
by the company within a specified period of time and in accordance
with the approved construction plans.
D.
Future status of streets, parks and easements.
(1)
The subdivider may add as part of the plat a notation,
if he so desires, to the effect that no offer of dedication of certain
or all of the streets and parks shown on the plat is made to the public.
Formal offer of cession to the public of all streets and parks not
marked with such notation on the plat shall be filed with the Planning
Commission prior to approval of the plat by the Planning Commission.
Acceptance of any such offer shall rest with the Common Council. In
the event that the subdivider shall elect not to file the plat in
the office of the County Clerk within the ninety-day period required
by law, then such formal offer of cession shall be deemed to be void.
(2)
There shall be submitted to the Planning Commission
prior to the approval of the plat:
(a)
Copies of agreements or other documents providing
for the suitable maintenance of all streets and parks not offered
to the public and setting forth the standards and conditions of maintenance.
(b)
Statements of all rights which exist with respect
to the use of such property.
(c)
Agreements permitting entrance by the City of
Rye and/or responsible public utility on streets, parks or easements
for the purpose of installing or repairing required improvements in
the event of nonperformance under the terms of the bond.
(d)
Agreements permitting entrance by the City of
Rye and/or the responsible public utility on streets, parks or easements
for the purpose of repairing or replacing utility and drainage lines.
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These agreements or reference to them shall
be noted on the plat.
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(3)
The approval by the Planning Commission of a subdivision
plat shall not be deemed to constitute or imply the acceptance by
the Common Council of any street, park, playground or other open space
shown on said plat. The Planning Commission may require said plat
to be endorsed with appropriate notes to this effect. The Planning
Commission may also require the filing of a written agreement by the
subdivider, satisfactory to the Common Council, covering future title,
dedication and provision for the cost of grading, development, equipping
and maintaining of any park or playground area.
[Amended 2-19-1964]
Upon the completion of all requirements set forth in these regulations or in the action approving the subdivision plat, the plat shall be signed by the appropriate officers of the Planning Commission and shall be filed by the subdivider in the office of the County Clerk. Any subdivision plat not so filed within 90 days after approval by the Planning Commission shall become null and void, as provided in Article 3, § 32, of the General City Law.
Where a permit is desired for occupancy of a
building in a subdivision prior to the completion of the improvements
as required in the Planning Commission's approval of the subdivision
plat, the provisions of Section 9-8.2(c) (iv) of the Zoning Ordinance[1] shall be complied with to assure that the traveled way serving the proposed building is adequate for vehicular access by the occupant and by police and fire equipment prior to the issuance of a certificate of occupancy and that, where such certificate has been issued, the street will be maintained in suitable condition. The subdivider shall maintain the traveled ways or streets within the subdivision under the above-described circumstances and, in addition, those public or private streets abutting or adjacent to the subdivision wherein the subdivider has or will have done any construction work in connection with the subdivision. The subdivider's responsibility to maintain streets in condition suitable for all-weather traffic shall also extend to those streets on which no new construction was done but which were damaged by unusually heavy traffic due to the development of the subdivision. Should he fail to do so, the City of Rye may undertake necessary maintenance and, in such case, shall be reimbursed out of part of the performance bond required under § 170-8A(1) and (2).
[1]
Editor's Note: Currently, see Ch. 197, Zoning, § 197-84C(4).
[Added 2-19-1964; amended 12-5-1984 by L.L. No. 17-1984; 10-19-1988 by L.L. No. 16-1988; 4-4-1990 by L.L. No. 9-1990; 4-17-1991 by L.L. No. 5-1991; 12-18-1991 by L.L. No. 30-1991; 11-18-1992 by L.L. No. 14-1992; 12-16-1992 by L.L. No. 20-1992; 3-6-1996 by L.L. No. 2-1996]
The Planning Commission may grant modifications in approved preliminary subdivision layouts and subdivision plats or requirements if the Commission finds that such modifications are consistent with the spirit and intent of this chapter. Applications for such modifications shall be submitted in accordance with § 170-6 of these regulations for preliminary subdivision layouts and § 170-7 of these regulations for subdivision plats, except as follows:
A.
The Planning Commission may waive such items described in § 170-21 of these regulations as it deems necessary.
B.
Modification fees.
(1)
For modifications of tentative approvals of preliminary
subdivision layouts or requirements, the applicant shall pay to the
city an application fee. If the approval has expired, then the fee
shall be the above fee plus that fee times the number of years or
fraction thereof that have elapsed since the expiration of the approval.
The City Council shall set the fees annually by resolution before
adoption of the budget.
[Amended 12-18-1996 by L.L. No. 16-1996; 12-16-1998 by L.L. No. 13-1998]
(2)
For modifications of subdivision plats or requirements,
the applicant shall pay to the city an application fee. If the approval
has expired, then the fee shall be the above fee plus that fee times
the number of years or fraction thereof that have elapsed since the
expiration of the approval. The City Council shall set the fees annually
by resolution before adoption of the budget.
[Amended 12-16-1998 by L.L. No. 13-1998]
(3)
In the event that more than one public hearing is
held for a modification of an approved subdivision plat or requirements,
a fee shall be paid for each additional public hearing. The City Council
shall set the fee annually by resolution before adoption of the budget.
[Amended 12-16-1998 by L.L. No. 13-1998]
(4)
The Planning Commission, in the review of the application,
may refer such application to the Westchester County Soil and Water
Conservation District for a written review. Fees charged by the Westchester
County Soil and Water Conservation District for its written review
shall be paid by the applicant before action is taken on the application.
Payment of the fee shall be a check made payable to the Westchester
County Soil and Water Conservation District and shall be submitted
to the City Planner for transmittal to the Westchester County Soil
and Water Conservation District.
[Amended 12-16-1998 by L.L. No. 13-1998]
(5)
Due to the large additional administrative and inspection
expenses incurred by the city, an additional application fee, to be
set by the City Council annually by resolution before adoption of
the budget, shall be payable when construction or occupancy has commenced
prior to the issuance of a resolution of approval from the Rye City
Planning Commission, or when construction and/or use which requires
modification of a previous approval has commenced prior to the issuance
of a resolution of approval from the Rye City Planning Commission,
except in the following specific cases:
[Amended 12-16-1998 by L.L. No. 13-1998]
(a)
The additional fee shall not apply to trees removed without prior approval, such removal shall remain subject to the fees set forth in § 170-11B(1) and (2) of this section.
(b)
If a building permit and/or a certificate of
occupancy has been issued by the Building Department or a street opening
permit and/or Surface Water Control Permit has been issued by the
Engineering Department prior to construction, the additional fee shall
be reduced by 75%.
(c)
The additional fee shall not apply to minor variations in the siting of buildings and other site improvements, such site variations shall remain subject to the fees set forth in § 170-11B(1) and (2) of this section.
(6)
The Planning Commission in the review of any application
may refer such application to such engineering, planning, legal, technical
or environmental consultant or other professionals, hereinafter referred
to as "consultant or consultants," as it deems reasonably necessary
to enable it to review such application as required by law, provided
that the required expertise is not available from city staff, and
subject to the following:
[Added 10-8-1997 by L.L. No. 13-1997]
(a)
The detailed statement of the consulting services
to be provided by the consultant shall include the consultant's fees
for said services and a statement by the consultant that the applicant,
not the city, shall be ultimately responsible to the consultant for
the services provided. The detailed statement shall be sent to the
applicant by the City Planner via certified mail, return receipt requested.
(b)
If the applicant wishes to review the services
and the costs with the Planning Commission, the request for a review
shall be in writing and mailed to the City Planner via certified mail,
return receipt requested, within seven days of the applicant's receipt
of the service and cost statement provided by the City Planner. The
Planning Commission shall review the services and costs with the applicant
at its next regular meeting following receipt of the request.
(c)
The City Planner shall authorize the consultant
to proceed if he has not received a written request for a review of
the consultant's services and costs from the applicant within seven
days of the applicant's receipt of the City Planner's transmittal.
The receipt date is the date shown as received on the return receipt
card returned by the post office.
(d)
The applicant shall pay the consultant's fee
upon receipt of the consultant's detailed statement for the services
provided. The statement will be forwarded to the applicant by the
City Planner.
(e)
Payment of the consultant's fees shall be required
in addition to any and all other fees required by this or any other
section of this chapter or any other city law or regulation.
(f)
The Planning Commission document taking final
action on the application shall not be issued until all consultant's
fees charged in connection with the review of the applicant's project
have been paid. Payment of the consultant's fees shall be by check
made payable to the consultant and shall be submitted to the City
Planner for transmittal to the consultant.
C.
Apportionments prepared by a licensed surveyor may
be approved by the City Planner and Building Inspector when the apportionment
has been prepared by a surveyor without submission to the Planning
Commission. The applicant shall pay to the city an application fee
to be set by the City Council annually by resolution before adoption
of the budget.
[Amended 12-16-1998 by L.L. No. 13-1998]
