Town of Cortlandt, NY
Westchester County
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Table of Contents
Table of Contents
A. 
Persons planning to request Planning Board approval of a subdivision are encouraged to meet with the Board, prior to making any application, to discuss their proposals and familiarize themselves with the Board's procedure. Such persons are also encouraged to discuss the provision of water supply, sewage disposal and other necessary or desirable street improvements with the Health Department, Superintendent of Highways, Engineer and the other departments and agencies having jurisdiction. Particular attention should be paid to the requirements of the Westchester County Health Department, which must separately approve any subdivision.
B. 
Applicants desiring approval under the minor subdivision provisions of these regulations should prepare a sketch of the property to be subdivided, showing the proposed subdivision and setting forth applicable zoning district requirements. The applicant should be prepared to demonstrate the applicability of the minor subdivision designation to the proposed subdivision. Upon approval by the Planning Board, a subdivision plat should be prepared in accordance with § 265-21 of these regulations, showing the elements contained in Subsections A, B, C, D, E, G, H, J, K, L and M. The application shall be accompanied by a fee as set forth in a schedule of fees as may be established from time to time by resolution of the Town Board, no part of which shall be refundable. Final subdivision approval shall be in accordance with § 265-7 of these regulations.
[Added 12-27-1973 by Res. No. 290-73; amended 11-20-1988 by Res. No. 359-88]
C. 
Before preparing the preliminary layout, the applicant should discuss the proposed subdivision with the County Health Department, which must eventually approve the final subdivision plat. Particular attention should be paid to the area, grade and type of soil for proposed building lots, the proper amount of land area for private sewage disposal facilities and the proper drainage of stormwater.
A. 
The applicant shall apply for the Planning Board's approval of a preliminary layout on forms supplied by the Board. Except where waived by the Board, the applicant shall submit a preliminary layout and request its consideration by the Board prior to the submission of a subdivision plat.
B. 
Each application for the consideration of a preliminary layout or subdivision plat shall be accompanied by an affidavit showing who is the owner of land involved. If the applicant is not the owner, the owner's permission for the application shall be included on the application form.
C. 
An application for the approval of a preliminary layout plat shall be accompanied by an application fee, in the form of a check payable to the Town. Such fee shall be as set forth in the schedule of fees. Such application, preliminary layout and fee must be filed with the Clerk of the Board at least ten (10) days before a regular meeting. Such fee shall be as set forth in a schedule of fees as may be established from time to time by resolution of the Town Board.
[Amended 3-2-1982 by Res. No. 90-82; 11-10-1988 by Res. No. 359-88]
D. 
The preliminary layout shall conform to the requirements set forth in § 265-20 of these regulations.
E. 
The applicant shall purchase at the office of the Board a copy of the Town Map, upon which the applicant will superimpose the proposed subdivision map. This Town Map is on a scale of eight hundred (800) feet to the inch.
F. 
The Board Clerk shall issue a receipt for the applicant's preliminary layout if he finds it conforms to these regulations. The applicant should then be prepared to attend the next meeting of the Board.
G. 
The Planning Board, after consultation with the appropriate Town departments, will carefully study the practicability of the preliminary layout, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention will be given to the arrangement, location, grade and width of proposed streets and their access to existing streets, sewage disposal, drainage, lot sizes and arrangement, future development of adjoining lands as yet unsubdivided, the requirements of the Town Law and the requirements of the Town Plan and Official Map, as outlined in Article I of these regulations.
H. 
The Board shall, within forty-five (45) days of the receipt of a properly completed preliminary plat, pursuant to all the provisions of these regulations, as recorded by the Clerk's receipts therefor, conduct the public hearing required by law in accordance with § 276 of the Town Law.
[Amended 4-17-1973 by Res. No. 85-73; 8-17-1993 by L.L. No. 2-1993]
I. 
The applicant with due diligence must provide written notice, in a form approved by the Clerk, to all abutting property owners, including those across any street adjoining the proposed subdivision, of the preliminary layout public hearing. The Planning Board may also direct that other persons be notified. Notice must be given more than five (5) and less than twenty-one (21) calendar days prior to the scheduled preliminary layout public hearing. Certified mail, return receipt requested, may be utilized to constitute proof of the required notification.
[Added 5-20-1980 by Res. No. 171-80]
J. 
The Board's action shall be to approve, approve with modifications or disapprove the preliminary plat within forty-five (45) days of the public hearing, which period may be extended by mutual written consent of the owner and the Planning Board.
[Amended 4-17-1973 by Res. No. 85-73]
K. 
The acceptance by the Board of any preliminary layout shall not be construed as the approval of any subdivision plat.
[Added 4-17-1973 by Res. No. 85-73]
L. 
The Board shall have the authority to continue or not to continue to process any application for preliminary layout approval where the property which is the subject of the application has any outstanding violations of the Town Zoning Ordinance[1] or Town Code concerning the use of the property.
[Added 1-12-2010 by L.L. No. 2-2010]
[1]
Editor's Note: See Ch. 307, Zoning.
A. 
The applicant shall, within six (6) months after approval of the preliminary layout, file with the Board an application upon forms provided by the Board, together with the appropriate number of sets of final drawings as determined by the Director of Planning, including the subdivision plat and construction details sheet, accompanied by a fee as set forth in a schedule of fees as may be established from time to time by resolution of the Town Board. Said application shall be filed with the Clerk of the Board at least ten (10) days before a regular meeting of the Board.
[Amended 3-2-1982 by Res. No. 90-82; 11-20-1988 by Res. No. 359-88]
B. 
In accordance with the provisions of law, the Planning Board must act on a proper application for the approval of a subdivision plat within forty-five (45) days of its submission, or the application can be declared approved by default. An application for such approval will not be considered unless it includes all the maps, plans and information required by these regulations. The date of official submission shall be that date when all such required maps, plans and information have been received by the Clerk of the Planning Board, which date shall be confirmed by a letter to the applicant, with a copy to the Planning Board.
C. 
The subdivision plat and construction details sheet shall bear the approval of the:
(1) 
Westchester County Health Department.
(2) 
Town Engineer.
(3) 
District Engineer of the State Department of Transportation, if required.
(4) 
Town Superintendent of Highways.
D. 
The Clerk of the Board, when she is satisfied that the above submission requirements have been met and all applicable fees paid, shall issue a receipt for the same to the applicant. The date of said receipt shall be the date of official submission as stated in Subsection B above.
E. 
The applicant with due diligence must provide written notice, in a form approved by the Clerk, to all abutting property owners, including those across any street adjoining the proposed subdivision, of the final subdivision plat public hearing. The Planning Board may also direct that other persons be notified. Notice must be given more than five (5) and less than twenty-one (21) calendar days prior to the scheduled final subdivision plat public hearing. Certified mail, return receipt requested, may be utilized to constitute proof of the required notification.
[Added 4-17-1973 by Res. No. 85-73; amended 5-20-1980 by Res. No. 171-80]
F. 
The Board shall have the authority to continue or not to continue to process any application for final subdivision plat approval where the property which is the subject of the application has any outstanding violations of the Town Zoning Ordinance[1]or Town Code concerning the use of the property.
[Added 1-12-2010 by L.L. No. 2-2010]
[1]
Editor's Note: See Ch. 307, Zoning.
A. 
The Board shall, within forty-five (45) days of the receipt of a properly completed application, pursuant to all provisions of these regulations, as recorded by the Clerk's receipts therefor, conduct the public hearing required by law in accordance with § 276 of the Town Law and act on the application.
B. 
The Board shall act on the final subdivision application to either approve, conditionally approve with modifications or disapprove the final plat within forty-five (45) days after the public hearing, which period can be extended by written mutual consent of the owner and the Planning Board.
[Amended 4-17-1973 by Res. No. 85-73]
C. 
Conditional approval of the final plat does not entitle the owner to file said plat until the state modifications are accomplished. The applicant shall have ninety (90) days to meet all the conditions set forth in the conditional approval, which period may be extended by written notice by the Planning Board for an additional ninety (90) days.
[Amended 4-17-1973 by Res. No. 85-73; 8-17-1993 by L.L. No. 2-1993]
D. 
The Chairman or Vice Chairman and the Secretary of the Board shall sign the subdivision plat and construction details sheet upon satisfaction of the conditional approval or approval, provided that the additional requirements of § 265-10 have been met.
[Amended 4-17-1973 by Res. No. 85-73]
E. 
In accordance with law, the approval or approval with modifications of any subdivision plat shall expire within sixty (60) days of the date of the Planning Board's resolution granting such approval if said subdivision plat has not been filed in the office of the County Clerk.
[Added 4-17-1973 by Res. No. 85-73; amended 5-20-1980 by Res. No. 171-80]
A. 
As provided by law, before the Chairman and Secretary of the Board sign any subdivision plat, the applicant shall have met the requirements of the Board for all improvements as shown on the construction detail sheets in one (1) of the following two (2) methods:
(1) 
Actual completion of construction, in a manner acceptable to the respective Town and/or county departments, for all such improvements.
(2) 
Submission and approval of a performance bond covering the cost of such improvements.
B. 
Required improvements shall be those shown on the construction detail sheets and/or subdivision plat.
C. 
For those private utilities shown on the construction detail sheets, the Board may accept assurance in writing from each public utility company whose facilities are proposed to be installed, addressed to the Board and stating in substance or effect that such public utility company will make the installations necessary for the furnishing of its services within the time therein specified satisfactory to the Board. The estimated cost of inspection of such utilities by the Board shall be included in determining the amount of such bond.
D. 
As provided by law:
(1) 
The term of any performance bond shall be set by the Board and shall not exceed one (1) year, except where special circumstances will require a longer term, provided that in no case shall such term exceed three (3) years.
(2) 
The amount of such bond shall be set by the Board, after receiving any recommendations as to the probable cost of various improvements from the Town departments involved.
(3) 
The performance bond shall be issued by a bonding or surety company approved by the Town Attorney or by the owner with security acceptable to the Town Council and shall be approved by the Town Attorney as to form, sufficiency and manner of execution.
(4) 
Said bond shall be conditioned upon the property owner or developer's completing said work as enumerated and set forth on the approved subdivision plat, improvement plans or any other plans or detailed drawings that may apply in the matter, satisfactory to the Director of Planning, Planning Board, Town Engineer, Superintendent of Highways and Superintendent of Water and Sewage of the Town of Cortlandt, where applicable, and in default thereof, said bond or deposit shall be forfeited, and the Town shall be entitled to the full amount thereof and shall use the amount thereof to complete said work not done and to recover the costs thereof from the bond; provided, however, that if any amount of money remains after the Town has completed said work, such excess money shall be returned to the surety or the person putting up the required deposit. In the event that the amount of moneys needed to complete the work is not compensated by the amount of the bond, the owner or developer will be responsible to the Town for the difference, and said moneys shall be turned over to the Town by the owner or developer forthwith.
[Added 8-12-1975 by Res. No. 211-75]
(a) 
Said performance bond or cash deposit may be increased by resolution of the Town Board upon the advice of the Planning Board and upon certification of the Director of Planning and Planning Board that a particular item or items in the requirements of said subdivision plat, improvement plan or any other plans or detailed drawings or site plan that may apply have not been satisfactorily completed and the costs of the completion thereof have increased, said increase to take place only on the expiration of the bond and the renewal thereof for an additional period of time.
(b) 
Said performance bond or surety bond or cash deposit may be reduced by resolution of the Town Board upon the advice of the Planning Board and upon certification of the Director of Planning that a particular item or items in the requirements have been satisfactorily completed.
E. 
The Town will employ inspectors to ensure the satisfactory completion of the improvements and utilities before the final approval of the plat. The applicant shall notify the Town, in writing, and an inspector will be assigned thereto. If a bond is to be given to ensure completion of such improvements, after final approval of the plat, the Town will assign an inspector to ensure such satisfactory completion. The developer shall reimburse the Town for the compensation paid to such inspector so assigned, whether before or after final approval, upon certification of the amount thereof to the developer. The Board's determination of such amount shall be final.
F. 
The subdivider shall pay to the Supervisor of the Town, upon presentation of a statement covering costs in connection with checking, investigating, surveying and other matters required by law and these regulations, the actual cost of the checking of the map and investigating incidental thereto as performed by the Town Engineer and/or consulting engineer.
G. 
After completion of the foregoing procedure to the satisfaction of the Planning Board and if the Board shall approve the plat, the approval of the Board shall be endorsed thereon, together with the date thereof, over the signature of the Clerk of the Board.
A. 
No approval of any subdivision plat by the Planning Board shall be construed as an acceptance by the Town of any street or highway shown on such subdivision plat.
B. 
The applicant for approval of a subdivision plat may, if he so desires, indicate on such plat a street or streets that are not to be offered for cession to the Town.
C. 
The Board may require the applicant to state on any subdivision plat offered for approval whether or not streets shown thereon are to be offered for cession and, if any street is to be so offered, may require that, as a condition for its approval, offers of cession of said streets, in a form acceptable to the Town Attorney, be filed with the Planning Board.
[Amended 12-27-1973 by Res. No. 290-73]
A. 
Pursuant to the Town Law § 277, the Planning Board shall require the reservation of land suitable for playground or other recreational facilities, or the deposit of moneys into a recreation fund in lieu of such reservation, in all major subdivisions in accordance with the requirements of this subsection. It is the intention of these provisions to provide the people of the Town of Cortlandt with certain planned neighborhood playground areas and to preserve open space for that time when the Town may be largely developed. In subdivisions in which the Planning Board determines that the reservation of land for a recreation area is desirable, the land shall be reserved in accordance with these standards.
[Amended 5-20-1980 by Res. No. 171-80]
B. 
Amount to be reserved.
[Amended 5-20-1980 by Res. No. 171-80]
(1) 
Where a recreation area is required to be reserved by the Planning Board, the amount to be reserved shall be one (1) acre for every twenty (20) building lots.
(2) 
In general, land in subdivisions reserved for recreation purposes shall have an area of at least five (5) acres. When the land required above would create less than five (5) acres, the Board shall require that the recreation area be located at a suitable place on the edge of the subdivision so that additional land may be added at such time as the adjacent land is subdivided.
(3) 
Land reserved for recreation purposes shall be of a character and location suitable for use as a playground, playfield or other recreation purpose and shall be relatively level and dry. A recreation site shall have a total frontage on one (1) or more streets of at least three hundred (300) feet, and no dimension of the site shall be less than two hundred (200) feet.
C. 
When a park or playground area shall have been offered for dedication on a plat, in accordance with the standards of § 265-11, the Planning Board shall require the submission of a deed of dedication to the Town of Cortlandt.
[Amended 5-20-1980 by Res. No. 171-80]
D. 
In those subdivisions in which the Planning Board determines that the reservation of land for a recreation area is not desirable or feasible or in which a reservation would be of inadequate size, the applicant or his agent shall be required to deposit money, in lieu of reserving land, into a Town recreation fund to be used for the acquisition, development and equipping of Town recreation areas.
[Amended 5-20-1980 by Res. No. 171-80]
E. 
Where monies in lieu of recreation area are required by the Planning Board, the amount of said recreation fees shall be the same as set by the Town Board, pursuant to local law or resolution duly enacted and established, and all calculations thereof shall be in accordance with said local law.
[Amended 5-20-1980; 3-2-1982; 12-2-1986; 8-17-1993 by L.L. No. 2-1993; 9-24-2002]
F. 
Nothing in this section shall be construed as prohibiting a developer from reserving other land for recreation purposes in addition to the requirements of this section.
The procedure used in the approval of a resubdivision shall be the same as for a subdivision except where it may be modified in a particular case by the Planning Board.
A. 
No change in a subdivision or in the plan of a subdivision already approved can legally be made without the approval of the Planning Board.
B. 
The Planning Board may vary, subject to appropriate conditions, such requirements of the foregoing regulations as, in its judgment of the special circumstances and conditions relating to a particular plat, are not requisite in the interest of the public health, safety and general welfare. When making its determination as to the improvements to be required, the Planning Board shall take into consideration the prospective character and development and the allowed density of population under Chapter 307, Zoning.
C. 
Where the applicant desires the variance of any provision of the foregoing regulations, he shall include a request therefor, with a statement of reasons for such request, with his application for the approval of the preliminary layout. The Planning Board shall also hear and decide all matters upon which it is required to pass under these regulations.
D. 
Upon receipt of a proper application and fee for subdivision approval and a survey illustrating existing and proposed lot lines, a lot line adjustment between two (2) lots may be exempted by resolution of the Planning Board from all other procedures and standards otherwise required by this chapter if such adjustment neither creates any additional lot, results in any lot's becoming substandard nor increases or decreases any lot area by more than twenty percent (20%) or twenty thousand (20,000) square feet of its original lot area.
[Added 5-20-1980 by Res. No. 171-80]
[Amended 12-27-1973 by Ord. No. 290-73; 5-20-1980 by Res. No. 171-80]
A. 
As provided in § 281 of the Town Law, upon authorization of the Town Board, the Planning Board may modify applicable provisions of Chapter 307, Zoning, subject to the conditions set forth in § 281 of the Town Law and such other reasonable conditions as the Town Board may, in its discretion, add thereto. Such authorization shall specify the lands to which this procedure may be applicable.
B. 
The purpose of such authorization shall be to enable and encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands.