Whenever any subdivision of land is proposed
to be made in the Village of New Paltz, and before any lots are sold,
and before any permit for erection of a structure in such proposed
subdivision shall be granted, the subdivider or his authorized agent
shall apply for approval of such proposed subdivision in accordance
with the following procedure.
A.
Preapplication meeting with Planning Board.
B.
Presentation of sketch plan showing general concept.
C.
Official submission of preliminary plat showing proposal
in detail.
D.
Public hearing.
E.
Submission of subdivision plat or finalized proposal.
F.
Public hearing (waivable at Planning Board's discretion).
G.
Planning Board approval by resolution.
H.
Improvements completed or posting of bonds or certified
checks.
I.
Planning Board signs plat.
J.
Plat is filed in County Clerk's office.
A.
General procedure. Before preparing a detailed proposal,
the subdivider should make an appointment at the regular meeting of
the Planning Board to familiarize himself with the requirements of
these and other regulations, the policies and plans of the Planning
Board, and other information that may be pertinent to the subdivision.
He should also discuss his proposal with the County Health Department
which is responsible for the adequacy of lot sizes and facilities
for water supply and sewerage disposal. Under certain conditions,
the subdivider may also need the approval of the state or county highway
agencies and others. This initial conference is intended to save the
subdivider time and unnecessary expense.
B.
Sketch plan. Prior to filing a preliminary plat, the subdivider should submit a sketch plan showing a basic proposed layout and other information required in Article V of these regulations. At least two copies of this sketch plan shall be delivered to the Chairman or other authorized official of the Planning Board at least 10 days before the next scheduled Board meeting. After review of the sketch plan, but within 45 days of its official date of submission, the Planning Board will tentatively approve the sketch plan or recommend modifications in writing. Where a tract of land is to be subdivided into not more than four lots in any one year, contains no new streets and is not subject to limiting physical conditions such as shallow depth to bedrock or extreme wetness, the Planning Board shall waive the requirements of § 178-22 and permit the subdivider to furnish the information specified in § 178-23C(1).
A.
Procedure. Subsequent to approval of the sketch plan, the subdivider shall prepare and submit to the Planning Board at least four copies of a preliminary plat showing in detail how the subdivision is to be designed, details of construction, and other items required in Article IV. The Planning Board shall furnish one copy of the preliminary plat to the Village Engineer and one copy to the Village Superintendent of Public Works. The Planning Board shall consult with the Village Engineer and Superintendent of Public Works regarding the specifications of the proposed streets and provisions made for water supply, sanitary sewage, and surface stormwater disposal. Within 62 days of the official date of submission, the Planning Board shall act to conditionally approve or disapprove such plat. Prior to taking such action, the Board shall hold a public hearing as required in Subsection C. Failure of the Planning Board to act within 62 days shall constitute conditional approval. The Planning Board shall state in its conditions of approval specific changes and the character and extent of improvement. The conditional approval of the preliminary plat shall not constitute approval of the final subdivision plat, but general agreement on which the subdivision plat may be submitted.
B.
Study of the preliminary plat. The Planning Board
shall study the practicability of the preliminary plat taking into
consideration the requirements of the community and the best use of
the land be subdivided. Particular attention shall be given to the
arrangement, location, and width of the streets; the relation to the
topography of the land; water supply, sewage disposal, and drainage;
lot sizes, shape, and arrangement; the future development of adjoining
lands as yet unsubdivided; the requirements of the Master Plan, the
zoning regulations, and other matters enumerated in § 7-730
of the Village Law; and the recommendations, if any, of the Village
Engineer and the Superintendent of Public Works.
C.
Public hearing. A public hearing shall be held by
the Planning Board within 62 days after the official submission of
the preliminary plat and all required data, in accordance with § 7-728
of the Village Law.
[Amended 8-25-2010 by L.L. No. 4-2010]
(1)
Such
hearing shall be advertised in a newspaper of general circulation
and a notice of hearing posted in at least three prominent places
at least five days before such hearing.
(2)
Mailing
to adjoining property owners. The applicant shall mail notice of the
hearing, at least 10 days prior to the date of the public hearing,
unless 14 days' notice is required by SEQRA, to the owners of all
neighboring real property. Such neighboring property shall be defined
as those lots having boundaries contiguous with the boundaries of
the plot, piece or parcel of land to which the application applies
and to all other owners of real property which lie within 200 feet
of such boundaries.
(3)
Mailing
by applicant. Such notice shall be mailed by the applicant, at his
or her sole cost and expense, by depositing a true copy of such notice
in a post-paid, properly addressed envelope, in a post office or other
official depository under the exclusive care and custody of the United
States Postal Service within the State of New York. The applicant
shall, at or prior to the date of the public hearing, file with the
secretary of the board an affidavit of mailing, as proof of compliance
with the foregoing notification procedure.
(4)
Property
signage. The Planning Board shall require that, at least 10 days prior
to the initial public hearing, the owner or applicant post a sign
giving notice of the public hearing within 25 feet of each property
line having frontage on a road or highway, including the road or highway
providing access to the property, so that it is clearly visible to
the public from such road or highway. The size of the sign and text
shall be approved by the Village Board or such Village official as
the Board may designate. The notice shall include a statement that
an application for subdivision/lot line revision affecting the property
has been made and such other information as the Village Board may
require. The applicant shall submit a photograph and affidavit, or
other satisfactory evidence, at the public hearing that the required
signage was duly erected and maintained in good condition until the
hearing, and shall ensure that the sign is maintained until after
the hearing is closed or the application is withdrawn, whichever occurs
first. It shall be a violation of this chapter for any person, except
the applicant or duly authorized Village official, to remove, deface
or tamper with duly erected signage during the period it is required
by this section to be maintained. The Planning Board may waive the
requirement that signage be erected when it finds that the benefit
of such notice would be disproportionate to the cost imposed on the
applicant. In such case, a waiver shall be granted by a favorable
vote of a majority of its members, and the Board shall set forth the
basis on which it determined the waiver appropriate.
D.
Conditional approval. Conditional approval shall be
noted on two copies of the preliminary plat references and attached
to any statement of conditions. One copy shall be returned to the
applicant and one shall be retained by the Planning Board.
A.
Procedure. Within six months after the conditional approval of the preliminary plat, the subdivider shall file with the Planning Board an application for approval of the subdivision plat in final form accompanied by required fees and information required in Article V. If the subdivision plat and accompanying materials are not submitted within six months after the conditional approval of the preliminary plat, the Planning Board may, by resolution, rule the conditional approval void.
B.
Agency review. Prior to the public hearing, the subdivider
shall file with the Planning Board the written recommendations of
the Village Engineer and Superintendent of Public Works and, where
review of subdivisions is required by other agencies (for example,
the County Health Department, the State Water Resources Commission,
the Department of Environmental Conservation, County and State Highway
Departments, and the County Planning Board), tentative written recommendations
of these agencies, subject of modification due to local conditions
which may be brought forth at the public hearing.
C.
Public hearing. A public hearing shall be held by
the Planning Board within 62 days after the official date of submission
of the subdivision plat in final form for approval, in accordance
with § 7-728 of the Village Law.
[Amended 8-25-2010 by L.L. No. 5-2010]
(1)
Notice.
(a)
Such hearing shall be advertised in a newspaper of general circulation
and a notice of hearing posted in at least three prominent places
at least five days before such hearing.
(b)
Mailing to adjoining property owners. The applicant shall mail notice
of the hearing, at least 10 days prior to the date of the public hearing,
unless 14 days' notice is required by SEQRA, to the owners of all
neighboring real property. Such neighboring property shall be defined
as those lots having boundaries contiguous with the boundaries of
the plot, piece or parcel of land to which the application applies
and to all other owners of real property which lie within 200 feet
of such boundaries.
(c)
Mailing by applicant. Such notice shall be mailed by the applicant,
at his or her sole cost and expense, by depositing a true copy of
such notice in a post-paid, properly addressed envelope, in a post
office or other official depository under the exclusive care and custody
of the United States Postal Service within the State of New York.
The applicant shall, at or prior to the date of the public hearing,
file with the secretary of the board an affidavit of mailing, as proof
of compliance with the foregoing notification procedure.
(d)
Property signage. The Planning Board shall require, that at least
10 days prior to the initial public hearing, the owner or applicant
post a sign giving notice of the public hearing within 25 feet of
each property line having frontage on a road or highway, including
the road or highway providing access to the property, so that it is
clearly visible to the public from such road or highway. The size
of the sign and text shall be approved by the Village Board or such
Village official as the Board may designate. The notice shall include
a statement that an application for a subdivision/lot line revision
affecting the property has been made and such other information as
the Village Board may require. The applicant shall submit a photograph
and affidavit, or other satisfactory evidence, at the public hearing
that the required signage was duly erected and maintained in good
condition until the hearing, and shall ensure that the sign is maintained
until after the hearing is closed or the application is withdrawn,
whichever occurs first. It shall be a violation of this chapter for
any person, except the applicant or duly authorized Village official,
to remove, deface or tamper with duly erected signage during the period
it is required by this section to be maintained. The Planning Board
may waive the requirement that signage be erected when it finds that
the benefit of such notice would be disproportionate to the cost imposed
on the applicant. In such case, a waiver shall be granted by a favorable
vote of a majority of its members, and the Board shall set forth the
basis on which it determined the waiver appropriate.
(2)
Provided
that the Planning Board determines that the final subdivision plat
is substantially the same as the preliminary plat given conditional
approval, or that it is modified in accordance with the specific conditions
attached to the conditional approval, the Planning Board may waive
the public hearing.
D.
Planning Board action. After careful study, the Planning Board shall, within 62 days of the submission date approve, modify or disapprove the subdivision plat and shall advise the subdivider, in writing, of its decision. Failure of the Planning Board to act within 62 days shall constitute approval. If approved, the subdivision plat shall not be signed by the authorized officers of the Planning Board until the applicant has complied with § 178-14 of these regulations and, if required, made the payment in lieu of reservation of parkland pursuant to § 178-19A(3). If disapproved or modified, the reasons for such disapproval or modification shall be stated in the records of the Planning Board.
[Amended 5-16-2018 by L.L. No. 4-2018; 6-13-2018 by L.L. No. 5-2018]
E.
Division of subdivision plat into two or more sections.
The Planning Board may permit the subdivision plat to be divided into
two or more sections, subject to such conditions as it deems necessary
to assure the orderly development of the subdivision. Any section
shall encompass at least 10% of the total number of lots shown on
the plat.
F.
Extension of time. Notwithstanding other provision
of these regulations, any time limit established for Planning Board
action with reference to preliminary plats or final subdivision plats
may be extended by the mutual agreement of the applicant and the Planning
Board.
A.
Security to complete improvements; certification.
Where a subdivision entails new streets or other improvements, before
the Planning Board Chairman or other authorized person may sign the
subdivision plat, the subdivider shall either post a bond or certified
check in an amount sufficient to construct the required improvements
or shall complete the required improvements. A licensed professional
engineer representing the subdivider shall certify in writing to the
Village Engineer that these required improvements have been completed
in accordance with the stipulations of the approved subdivision plat.
B.
When bond or certified check is posted. In an amount
determined by the Planning Board the subdivider shall either file
with the Village Clerk a certified check to cover the full cost of
the required improvements or the subdivider shall file with the Village
Clerk a performance bond to cover the full cost of the required improvements.
Any such bond shall comply with the requirements of § 7-730
of the Village Law and shall be satisfactory to the Village Attorney
as to form, sufficiency, manner of execution and surety. A period
of one year (or such other period as the Planning Board may determine
appropriate, not to exceed three years) shall be set forth in the
bond within which required improvements must be completed.
C.
When no bond is posted. The subdivider shall complete
all required improvements to the satisfaction of the Village Engineer
who shall file with the Planning Board a letter from a licensed professional
engineer representing the subdivider attesting to the satisfactory
completion of all improvements required by the Board.
D.
As-built drawings necessary. The required improvements shall not be considered to be completed until the installation of improvements has been approved by the Village Engineer and a map satisfactory to the Planning Board has been submitted indicating the actual location of all required improvements and monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection C of this section, then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection B of this section, such bond shall not be released until such map is submitted.
E.
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 Village Engineer or
other authorized person that unforeseen conditions make it necessary
or preferable to modify the location or design of such required improvements,
the Village Engineer may, upon approval by a previously delegated
member of the Planning Board, authorize modifications provided these
modifications are within the spirit and intent of the Planning Board's
approval and do not extend the waiver or substantial alteration of
the function of any improvements required by the Board. The Village
Engineer shall issue any authorization under this section in writing
and shall transmit a copy of such authorization to the Planning Board
at their next regular meeting.
F.
Inspection of improvements and fee. At least five
days prior to commencing construction of required improvements, the
subdivider shall pay to the Village Clerk an inspection fee of 6%
of the required improvements and shall notify the Village Board in
writing of the time when he propose to commence the construction of
such improvements so that the Village Board may cause inspection to
be made to assure that all Village specifications and requirements
shall be met during the construction of required improvements and
to assure the satisfactory completion of improvements and utilities
required by the Planning Board.
[Amended 5-3-2006 by L.L. No. 8-2006]
G.
Proper installation of improvements. If the Village
Engineer shall find, upon inspection of improvements performed before
the expiration date of the performance bond, that any of the required
improvements have not been constructed in accordance with plans and
specifications filed by the subdivider, he shall so report to the
Village Board and Planning Board. The Village Board then shall notify
the subdivider and, if necessary, the bonding company, and take all
necessary steps to preserve the Village's rights under the bond. No
plat shall be approved by the Planning Board as long as the subdivider
is in default on a previously approved plat.
A.
Signing and filing; time limitations. Upon completion of the requirements of §§ 178-13 and 178-14 and, if required, the payment in lieu of reservation of parkland pursuant to § 178-19A(3), the subdivision plat shall be signed by the Chairman of the Planning Board, or Secretary in the Chairman's absence, and may be filed by the subdivider in the office of the County Clerk. Any subdivision plat not so filed or recorded within 90 days of the date upon which such plat is approved or considered approved by reasons of the failure of the Planning Board to act, shall become null and void, unless the particular circumstances of said subdivider warrant the Planning Board to grant an extension which shall not exceed two additional periods of 90 days.
[Amended 5-16-2018 by L.L. No. 4-2018; 6-13-2018 by L.L. No. 5-2018]
B.
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made in any subdivision plat after
approval has been given by the Planning Board and endorsed in writing
on the plat, unless the said plat is first resubmitted to the Planning
Board and such Board approves any modifications. In the event that
any such subdivision plat is recorded with complying with this requirement,
the same shall be considered null and void, and the Board shall institute
proceedings to have the plat stricken from the records of the County
Clerk.
A.
Offers of cession. The subdivider may add a notation
on the subdivision plat that no offer of streets, parks or easements
shown on the plat is made to the public. This shall be accompanied
by documents showing the manner in which such areas are to be maintained
and provisions made therefor. Failure to make such notation accompanied
by documents as described above, will constitute a continuing offer
of cession to the Village, which may be accepted by the Village Board
at any time prior to revocation of said offer by the owner of the
land or his agent. Formal offers of cession to the public of all streets,
parks, easements or public open spaces not specifically reserved by
the subdivider shall be filed with the Planning Board prior to approval
of the plat. Such offer shall bear the endorsement of the Village
Attorney as to its legal sufficiency.
B.
Acceptance by Village. Acceptance of any such offer
of cession shall rest with the Village Board. In the event the applicant
shall elect not to file the subdivision plat in the office of the
County Clerk, such offer of cession shall be deemed to be void.
C.
Approval by Planning Board. The approval by the Planning
Board of the subdivision plat shall not be deemed to constitute or
imply the acceptance by the Village Board of any street, park, easement
or open space shown on said plat. The Planning Board may require said
plat to be endorsed with an appropriate note to this effect.
D.
Maintenance of roads. In those cases where no offer of cession to the public is made for the roads, parks, open lands and easements shown on the plat, the documents submitted with the plat describing the manner in which such areas are to be maintained, as required in Subsection A of this section shall be reviewed and endorsed by the Village Attorney as to legal adequacy and competency.
