A.
Whenever any subdivision of land is proposed, and
before any contract for the sale, or any offer to sell such subdivision
or any part thereof, is made, the subdividing owner or his agent,
duly authorized in writing, shall proceed to secure approval of the
proposed subdivision in accordance with the following steps:
B.
For a resubdivision, the same procedure, rules, and
regulations shall apply as for a subdivision.
A.
The owner proposing to subdivide his property shall
make an appointment with the Planning Board for initial conferences
at any regular meeting of the Board, at which time he or his agent
shall present a sketch plan of the proposed subdivision and sufficient
information to show how the streets, drainage, water supply, sanitary
waste disposal, and other proposed utilities such as gas, electricity
and telephone, are proposed to be provided, how the lots are proposed
to be laid out, and where park and recreation areas are proposed to
be located. Before preparing such sketch plan and related information,
the subdividing owner or his agent should meet with the Village Engineer
and the County Health Department officials to familiarize himself
fully with respect to general and particular requirements pertaining
to a subdivision of the property involved. The sketch plan and maps
required for the initial conference include the following:
(1)
Sketch plan of the proposed subdivision (see § 190-24 for items to be included) at a scale of no less than one inch equals 100 feet: four copies.
(2)
A topographic map with a contour interval of no more
than five feet, and showing the location of existing and proposed
streets and property lines at the same scale as the sketch layout:
four copies.
(3)
A map showing surrounding area with existing streets
and properties, at a scale of no less than one inch equals 400 feet:
four copies. The map shall show any lands held by the owner contiguous
to the property proposed to be subdivided.
(4)
The above maps may be combined, if desired, at the
scale of the sketch plan.
B.
After the initial conference, the Planning Board may
schedule a field trip to the site of the proposed subdivision, which
field trip shall, if required by the Board, be attended by the subdividing
owner or his duly authorized agent. In order to facilitate the Board's
inspection and study of the site of the proposed subdivision, the
subdivider shall have the center line of all proposed streets located
at fifty-foot intervals by marked stakes in time for the scheduled
field trip.
C.
After initial conferences and review, the Planning
Board may make recommendations in connection with the proposed subdivision.
D.
Where a proposed subdivision does not involve a proposed road or a proposed realignment or widening of an existing road, or any other feature shown on the Village Master Plan; does not involve the construction or expansion in capacity of any existing or proposed drainage system; does not involve the extension of any water or sewerage facilities; and where no further subdivision is possible, and where the Planning Board receives a report from the Village Engineer to this effect, the Planning Board may waive, by resolution, the submission and tentative approval of the preliminary layout as required by § 190-11.
A.
An application for approval of a preliminary subdivision
layout shall be submitted in duplicate, on a form supplied by the
Village Clerk, together with the required application fee and all
other required maps, data, and information, to the Planning Board
at one of its regular meetings. The preliminary layout, as submitted,
shall conform with all standards and requirements of these regulations,
except where the applicant requests a specific waiver or modification
of a standard or requirement, and has explained in writing the need
for such waiver or modification. In order that the Village Engineer
may determine that the application is in proper form and meets all
standards and requirements except as noted above, the applicant shall
make available to the Village Engineer the proposed application and
all accompanying items at least two weeks in advance of the regular
meeting of the Planning Board at which the application is to be made.
B.
The application shall be accompanied by the following:
(1)
Preliminary layout prepared by a licensed professional engineer or land surveyor, in accordance with § 190-25, Preliminary subdivision layout and subdivision plat, at a scale of no less than one inch equals 50 feet: four copies.
(2)
Preliminary construction plan prepared by a licensed professional engineer, at a scale of no less than one inch equals 50 feet, in accordance with § 190-26, Preliminary and final construction plans: four copies.
(3)
A statement from the applicant's engineer or land
surveyor certifying the total amount of acreage within the property
to be subdivided.
(4)
An application fee as shall be set forth by resolution
of the Village Board of Trustees in the Master Fee Schedule, which
may be amended.
[Amended 1-16-2003 by L.L. No. 1-2003]
(5)
Certification, under oath, of the applicant's ownership
of the property included in the proposed subdivision, including information
on any rights or easements of record, and a specific statement that
a search of the filed maps on record discloses no maps of the area
or any part of it, except as noted.
(6)
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 184, Article I, Stormwater Management and Erosion and Sediment Control, shall be required for any preliminary subdivision plat approval that qualifies as or authorizes a land development activity as defined in Chapter 184, Article I. The SWPPP shall meet the performance and design criteria and standards in Chapter 184, Article I. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 184, Article I.
[Added 12-20-2007 by L.L. No. 9-2007]
C.
The Planning Board, at its discretion, may hold informal
public hearings on the preliminary layout.
D.
After the Board has reviewed the preliminary layout,
the Planning Board will give its tentative approval, approval with
modifications, or disapproval, with explanation of any modification
or disapproval, and send a copy of such action to the applicant.
A.
Application. Within six months after the Planning Board's action on the preliminary layout, the applicant may submit to the Board the subdivision plat and final construction plan which shall be accompanied by the required application fee and all of the information required by Subsection B. In order that the Village Engineer may determine that the subdivision plat and construction plan is in proper order and meets all standards and requirements of the subdivision regulations, and is in accordance with the Planning Board's action on the preliminary layout, the applicant shall make available to the Village Engineer the said plat and construction plan and all accompanying material at least two weeks in advance of the regular meeting of the Planning Board at which the subdivision plat is to be submitted.
B.
Items to accompany submission of subdivision plat.
The application shall be accompanied by the following:
(1)
An application fee as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended, per lot in the subdivision plat, unless the submission of a preliminary layout has been waived, in which case the application fees shall be as required by § 190-11B(4).
[Amended 1-16-2003 by L.L. No. 1-2003]
(2)
Subdivision plat prepared by a licensed professional engineer or land surveyor, in accordance with § 190-25, Preliminary subdivision layout and subdivision plat, at a scale of no less than one inch equals 50 feet: four copies.
(3)
Construction plan prepared by a licensed professional engineer, in accordance with § 190-26, Preliminary and final construction plans, at a scale of no less than one inch equals 50 feet: four copies, together with a statement from applicant's engineer giving estimated cost of construction of subdivision roads and other improvements, together with quantities and unit costs used in making the estimate.
(4)
Endorsement by the County Health Department as required
by the County Sanitary Code.
(5)
Proof of approval by the State Department of Transportation
or the County Department of Public Works, as appropriate, of the location,
design and proposed construction of any intersection of a proposed
road in the subdivision with a state or county highway.
(6)
Formal offers of dedication to the Village of all
streets, and parks for playground and other recreation purposes, in
a form approved by the Village Attorney, except where the subdivision
plat has a notation that no offer of dedication of such streets, parks,
playgrounds and other recreation areas, or any of them, is made to
the Village.
(7)
Statements of covenant, in a form and with a content
satisfactory to the Village Attorney, to be included in the deed of
every lot in the subdivision, providing for the obligation of each
and every property owner to maintain all streets and parks in the
subdivision, and establishing an instrument for exercising such obligation
until such time as such areas are formally offered for dedication
to and accepted by the Village.
(8)
Formal offers of easement to the Village, in a form satisfactory to the Village Attorney, on all intersection sight areas, as called for by § 190-17H(2) and § 190-21B(4).
(9)
Stamped envelopes, addressed to each of the owners
of record of property abutting or across the street from the property
included in the proposed subdivision.
(10)
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 184, Article I, Stormwater Management and Erosion and Sediment Control, and with the terms of preliminary plat approval shall be required for final subdivision plat approval that qualifies as or authorizes a land development activity as defined in Chapter 184, Article I. The SWPPP shall meet the performance and design criteria and standards in Chapter 184, Article I. The approved final subdivision plat shall be consistent with the provisions of Chapter 184, Article I.
[Added 12-20-2007 by L.L. No. 9-2007]
C.
Authorization to call public hearing.
(1)
Upon receipt of the applicant's request for action
on the subdivision plat and the certification from the Village Engineer
that the proposed plat, construction plan, and all other items accompanying
the request are complete and in accordance with the regulations, the
Chairman of the Planning Board is authorized to call a public hearing
on the proposed subdivision for the next regularly scheduled meeting
of the Board occurring at least 10 days after the Chairman's receipt
of said request and certification. The Secretary shall submit a notice
of said public hearing to the official Village newspaper for publication
as required by law; shall mail copies of the notice to property owners
abutting or across the street from the proposed subdivision, and shall
file copies of the proposed subdivision plat and construction plans
with the Village Clerk for public inspection prior to the public hearing.
(2)
The applicant shall display prominently on his property
for one week preceding the date of the public hearing at least one
sign, two feet by three feet in size, and carrying a legend prescribed
by the Village Planning Board, announcing the public hearing. The
sign shall be in full public view from the street pavement.
(3)
If the proposed subdivision involves a new street
connecting directly into any state or county highway, parkway, thruway
or road, or involves drainage lines connecting directly into any channel
lines established by the County Commissioner of Public Works under
the Westchester County Stream Control Act, a notice of the public
hearing shall be mailed to the County Planning Board at least 10 days
prior to the date of the hearing. If the land to be subdivided is
within 500 feet of any abutting municipality in the county, a notice
of the public hearing shall be mailed by the Board to the Clerk of
such abutting municipality at least 10 days prior to the date of the
hearing. At the public hearing, the Board shall give opportunity to
any interested person to examine or comment on the proposed subdivision
plat and construction plan.
D.
Public hearing and Planning Board action. At the public
hearing, the Planning Board will give any interested persons an opportunity
to examine, inquire, or present pertinent information with respect
to the proposed subdivision plat. After the public hearing, within
45 days from the official submittal date of the subdivision plat,
the Planning Board shall approve, modify and approve, or disapprove
the proposed plat by resolution, which shall set forth in detail any
conditions to which the approval is subject, or the reasons for a
disapproval. If the applicant has indicated his intention of posting
a performance bond to assure satisfactory completion of all required
improvements, the amount of such bond and time limit for completion
of required improvements shall be set by the Planning Board in its
resolution. A copy of the Planning Board's resolution shall be mailed
by the Secretary of the Planning Board to the applicant.
E.
Authorization for filing plat by sections. Prior to
granting its approval, the Planning Board may permit the plat to be
subdivided into two or more sections, and may impose such conditions
upon the filing of such sections as it may deem necessary to assure
the orderly development of the plat. The Planning Board will determine
that the sections are logical in their extent, and that none contain
less than 10% of the total lots in the subdivision. No section will
be approved for filing prior to another section or sections upon which
it will depend for street access and adequate traffic circulation.
Approval of such sections, subject to any conditions imposed by the
Planning Board, shall be granted concurrently with the approval of
the subdivision plat, and the extent of each section and all conditions
imposed shall be shown on the subdivision plat. The Planning Board
may deny approval of any subsequent section, if a prior section has
not first been satisfactorily completed.
F.
Actions by applicant. Based upon the Planning Board
resolution, the applicant shall have the subdivision plat and construction
plan revised, if necessary, in accordance with said resolution, including
the placing of notations on the plat with respect to any conditions
imposed by the Planning Board, and submit four copies to the Village
Engineer. He shall also submit to the Village Attorney any performance
bond which is to be posted. If the plat and construction plan are
in full accordance with the Planning Board's resolution of approval,
the Village Engineer shall so certify to the Planning Board. The performance
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, and manner of execution.
G.
Final approval of subdivision plat.
(1)
When a bond is filed and accepted by the Board of
Trustees: The Chairman or other duly authorized officer of the Planning
Board, after the applicant's compliance with all the requirements
and conditions of the resolution of the Planning Board and of these
regulations, shall endorse the final approval of the Board on the
subdivision plat.
(2)
When no bond is filed: The Chairman or other duly
authorized officer of the Planning Board, after the applicant's compliance
with all requirements and conditions of the resolution of the Planning
Board and of these regulations, and after receipt of a certification
by the Village Engineer that all required improvements have been completed
in full accordance with the Planning Board's approval of the subdivision
plat and construction plan, and are in good condition, shall endorse
the final approval of the Board on the subdivision plat.
(3)
Copies to be signed. The endorsement of approval shall
be by signature and date on the tracing cloth original of the plat
(which will be returned to the applicant), and on a transparent print
of the plat (which will be retained in the record files of the Village
Board). The original and three prints of the final construction plan,
and three prints of the approved subdivision plat, shall be filed
with the Village Engineer.
H.
Filing of plat.
(1)
The subdivision plat shall be filed with the Westchester
County Clerk, Division of Land Records, within 90 days of the date
when final approval is endorsed on the plat. The Planning Board may,
however, extend the time for filing said plat up to two additional
periods of 90 days each if, in its opinion, the particular circumstances
warrant such extension.
(2)
If the applicant files only one section of an approved
subdivision with the office of the County Clerk within the said ninety-day
period, the Planning Board's approval of the remaining sections shall
expire unless such sections are filed with the office of the County
Clerk within three years of the date of filing the first section.
(3)
The applicant, before filing the plat, shall have
a duplicate made on tracing cloth and deliver this duplicate to the
Planning Board for its files with the County Clerk's recording data.
I.
Failure of Planning Board to act on subdivision plat. Where the Planning Board does not act to approve or disapprove the subdivision plat within 45 days from the official submittal date as provided in Subsection D, the plat shall be considered approved as provided for in § 7-728 of the Village Law.
A.
Completion of improvements or filing of bond. Following
an action by the Planning Board approving a subdivision plat, and
before the plat is signed by the appropriate officers of the Planning
Board, the applicant shall be required to complete, in accordance
with the Planning Board's decision, and to the satisfaction of the
Village Engineer or any other official authorized by law to act, all
the street, sanitary, and other improvements specified in the action
approving said plat, or, as an alternative, to file with the the Board
of Trustees a performance bond estimated by the Planning Board as
sufficient to secure to the Village the satisfactory construction
and installation of the uncompleted portion of the required improvements.
Such a performance 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, and manner of execution.
B.
Monuments. Permanent monuments of materials, design
and location, as approved by the Village Engineer, shall be set at
such block corners, angle points, points of curves in streets, and
other points as the Village Engineer may require, and their location
shall be shown on the subdivision plat.
C.
Time for completion of improvements. A period of one
year, or such other period as the Planning Board may determine as
appropriate, shall be allowed for the completion of all required improvements.
This time period shall be expressed in the performance bond, if such
is filed. The bond shall provide that an amount determined as adequate
by the Planning Board shall be retained for a period of one year,
or such other period as the Planning Board may determine, after the
date when all required improvements have been completed; as certified
by the Village Engineer, to assure the satisfactory condition of such
improvements.
D.
Failure to complete improvements. Where no performance
bond is filed and the required improvements are not completed by the
applicant within the period specified by the Planning Board in its
approval of the subdivision plat, said approval shall be deemed to
have expired. Where a performance bond has been filed and the required
improvements have not been installed within the time period specified
in the bond, the bond may be declared in default. Where a performance
bond has been filed and none of the required improvements have been
installed within the time period specified in the bond, the approval
of said subdivision plat shall be deemed to have expired.
E.
Costs to be borne by applicant. All required improvements
shall be made by the applicant at his expense, without reimbursement
by the Village.
F.
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 that
unforeseen conditions make it necessary or preferable to modify the
location or design of any such improvements, the Village Engineer
may authorize such modifications upon written request of the applicant,
provided such modifications are within the spirit and intent of the
Planning Board's approval and do not extend to the waiver or substantial
alteration of the function of any improvement required by the Planning
Board. The authorization of the Village Engineer shall be in writing,
and a copy of such authorization shall be transmitted to the Planning
Board at its next regular meeting. If, in the opinion of the Village
Engineer, such modification would affect the scope or nature of the
work covered by a performance bond, he shall not authorize such modification
without the approval of the Planning Board and the written consent
of the principal and surety of the performance bond.
G.
Waiver of required improvements. The Planning Board
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 Board 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 guarantees as may be necessary to protect the public interest.
H.
Inspection of improvements.
(1)
The Village Engineer, or other duly designated official,
shall inspect required improvements during construction to assure
their satisfactory completion, and the Planning Board shall require
a certificate from such official stating that all required improvements
have been satisfactorily completed. The applicant shall pay to the
Village an inspection fee as determined by a resolution of the Board
of Trustees, and subject to change from time to time, as published
in the Master Fee Schedule. Such inspection fee shall be a percentage
of the estimated cost of required improvements as determined by the
Village Engineer, and the subdivision plat shall not be signed by
the Chairman and the Secretary of the Planning Board until such fee
has been paid.
[Amended 8-17-2021 by L.L. No. 13-2021]
(2)
If the Village Engineer finds, upon inspection, that
any of the required improvements have not been constructed in accordance
with the approved plans, the applicant shall be responsible for completing
said improvements according to specifications. Failure of the Village
Engineer or other duly designated official to carry out inspections
of required improvements during construction shall not in any way
relieve the applicant or the bonding company of their responsibilities.
(3)
Inspection of stages of construction. In order to
facilitate inspection of required improvements during construction,
the applicant shall notify the Village Engineer before he proceeds
with each of the following stages of construction:
I.
Certification of construction. When the applicant
has completed construction of the required improvements and requests
the final inspection of these improvements before dedication to the
Village, such request shall be accompanied by three copies of as-built
plans to be approved by the Village Engineer, upon which plans shall
be shown the actual location of the improvements as constructed. Such
plan shall show the edges of pavements, all drainage pipes with manholes,
catch basins and other related structures, sanitary sewers with appurtenances
and house sewer connections, water pipes, water valves, hydrants and
house water connections, streetlights, street trees, monuments, and
all other required improvements. Such plan shall bear a dated certification
by a licensed surveyor or professional engineer that the data shown
thereon was accurately determined by field survey.
A.
Offers of dedication. In accordance with § 7-732
of the Village Law, the applicant may add a notation on the subdivision
plat, if he so desires, to the effect that no offer of the streets
and parks shown on the plat is made to the Village. Formal offer of
dedication to the Village of all streets and parks not marked with
such notation on the plat shall be filed with the Planning Board within
30 days after the adoption of its resolution of approval of the plat.
B.
Acceptance by Village.
(1)
Acceptance of any such offer of dedication shall rest
with the Board of Trustees. In the event the applicant shall elect
not to file the plat in the office of the County Clerk within the
ninety-day period required by law, or such extension for such filing
as may be granted by the Planning Board under § 7-728 of
the Village Law, then such offer of dedication shall be deemed to
be void.
(2)
The approval by the Planning Board of a subdivision
plat shall not be deemed to constitute or imply the acceptance by
the Board of Trustees of any street, park, playground, or other open
space shown on said plat. The Planning Board may require said plat
to be endorsed with an appropriate note to this effect.
(3)
The applicant shall execute and deliver to the Village
the above-mentioned offer of dedication in a form suitable for recording
in the Office of the County Clerk, which written offer shall include
the following provisions:
(a)
The applicant for himself, his successors and
assigns, offers to the Village for dedication to public use, the streets
and parks shown on the subdivision plat (to be identified by specific
reference to the title of the plat), in fee simple, absolute, and
further offers to dedicate the unencumbered easements referred to
on the approved plat and in the resolution of approval by the Planning
Board.
(b)
Said offer shall provide that the offer of dedication
is irrevocable, shall run with the land, and shall further provide
that the Village Board of Trustees may at any time, or from time to
time, accept all or any part of the streets, parks, or easements subject
to such offer, either by recording in the Office of the Clerk of the
County of Westchester (Division of Land Records) a certified instrument
or resolution accepting all or part of said offer, or by demanding
from the applicant or his successor in interest a valid deed of dedication,
in form satisfactory to said Trustees, conveying said streets, parks
or easements so accepted, and acceptance by the Village of a portion
of said streets, parks or easements shall not preclude the acceptance
at future times of any or all of the streets, parks, or easements
not so accepted.
(c)
The applicant shall pay the recording fee for
recording said offer of dedication, and any resolutions, instruments
or conveyances in furtherance of the acceptance thereof, and if there
be any mortgages or other encumbrances with respect to such premises,
such mortgagee or encumbrancer shall join in the execution thereof
or consent thereto in writing.
(d)
While said offer of dedication remains in force
but unaccepted with respect to any street, park or easement, the applicant
shall not, without the consent of the Village, disable himself from
conveying title to said streets, parks or easements to the Village
and, specifically, no conveyance of any rights in or to any street,
other than easement rights for ingress and egress or for the construction
of utility services, shall be made to any individual or purchaser
of homes in the subdivision, nor shall any mortgage thereof be made
by the applicant subsequent to the recording of such offer of dedication,
unless the same shall be made expressly subject to the rights of the
public and the Village of Briarcliff Manor under such offer of dedication.
(e)
The Village Board of Trustees may elect to accept
the said offer of dedication with respect to any or all of said streets,
parks or easements at any time, or from time to time, notwithstanding
the fact that any of the required improvements thereto may not have
been completed, and such acceptance shall not be deemed to waive the
right of the Village to insist upon the full completion thereafter
of any or all required improvements, nor shall the same operate as
a release, in whole or in part, of the obligation of the principal
or surety upon any performance bond executed with respect to the said
improvements.
(f)
No offer of dedication shall be recorded or
accepted hereunder unless there shall be first endorsed thereon the
approval thereof as to the form and the content by the Planning Board
or, in the alternative, by the Village Board of Trustees, as attested
by the certificate of the Village Clerk.
C.
Maintenance of roads. In those cases where no offer
of dedication to the Village is made for the roads, parks and required
easements shown on the plat, there shall be submitted with the plat
copies of agreements or other documents providing for, and fixing
responsibility for, their suitable maintenance, and statements of
all rights which exist with respect to the use of such property. Such
documents shall be in a form satisfactory to the Village Attorney
and shall require the approval of the Planning Board as to the method
and adequacy of maintenance.
D.
Improvements required before buildings in subdivision
may be occupied. 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 Board's approval of the subdivision plat, the Village
Engineer shall certify, in writing, that the street serving the proposed
building is adequate for vehicular access by the occupant, and by
police and fire equipment, prior to the issuance of an occupancy permit.
Where such permit has been issued, the street shall be maintained
in suitable condition. If it is not so maintained and the situation
is not corrected within 48 hours following written notice from the
Village Engineer, the Village Engineer shall proceed to put the street
into suitable condition, the cost of which work shall be a charge
against the subdivider. The performance bond given by the subdivider
shall provide for the reimbursement of the Village for necessary street
maintenance expense incurred under the above-described circumstances.
