A.
General. The Planning Board will consider and act on applications for approval of subdivision plats and will give notice of hearings, meetings and decisions as required by law. The applicant is obligated by law to make certain presentations and adhere to certain time limits. The applicable time limits and notices are summarized in the sections which follow.
B.
Submissions.
[Amended 7-27-1993 by L.L. No. 3-1993; 3-12-1996; 12-30-1996 by L.L. No. 10-1996; 2-25-2020 by L.L. No. 1-2021]
(2)
Time of submission. All applications and submission are to be received at the office of the Planning Board in accordance with the annual submission and meeting scheduled as adopted by the Planning Board.
(3)
Date of submission. The date of submission and receipt by the Planning Board, for the purpose of determining statutory time limits, will be the first regular meeting occurring at least 10 days after a complete application is received at the office of the Planning Board.
(4)
Exceptions. The Planning Board may, by resolution, accept applications, maps and data received less than specified time periods but such acceptance is considered appropriate only for unusual cases and when premeeting study and review is not needed. Requests for exceptions from plat map requirements (§ 200-3A) may be presented at any time but will more likely have prompt action by the Board if presented in advance for premeeting review.
(5)
Completeness review. Upon submission, each application shall be reviewed for completeness by the Town Planning Consultant, and a report shall be issued to the Secretary of the Planning Board. The Secretary of the Planning Board shall not forward an application to the Planning Board for review until a report has been received from the Town Planning Consultant that indicates the application contains all information required by these regulations.
C.
Sketch plan. While no time limits are applicable in the case of Planning Board informal review of a sketch plan under § 200-5, the Board will attempt to expedite a review. An informal submission and sketch plan review are strongly recommended but are not mandatory. The Planning Board will make a field inspection of the tract based on a sketch plan. A well-thought-out sketch plan will enable the Board to provide early informal guidance.
D.
Time limits and notices. The following time limits and notices are applicable during the course of the plat review and decision process:
(1)
Preliminary hearing. A hearing on a preliminary application by the Planning Board shall be within 62 days after the date of submission of a complete preliminary plat and application.
[Amended 7-27-1993 by L.L. No. 3-1993; 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
(a)
Notice to applicant. The Planning Board Secretary shall mail notice of a pending hearing to the applicant at least 13 days in advance of the hearing.
(b)
Notice to property owners. At least seven days in advance of the hearing, the applicant shall mail notice by certified mail, return receipt requested, to all property owners within 500 feet of the plat (see § 200-8C), using an approved form of notice.
(c)
The hearing notice shall be advertised at least once in a newspaper of general circulation in the Town, at least five days before such hearing; provided, however, that notice of said hearing shall be published at least 14 days before such hearing where the hearing on the preliminary plat is held jointly with the hearing on an environmental impact statement.
(d)
Filing. It is the practice of the Planning Board that a copy of the application, maps and plans be on file for public inspection during the notice period.
(2)
Preliminary decision. The Planning Board approval with or without modifications or disapproval of the plat shall be within 62 days after such hearing.
[Amended 7-27-1993 by L.L. No. 3-1993; 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
(3)
Final submission. The applicant must submit a complete application for final approval within six months of the date of preliminary approval.
(a)
Revocation. If the final application is not submitted in six months, approval of the preliminary plat may be revoked by the Planning Board.
(4)
Final hearing. A hearing on the final application by the Planning Board shall be within 62 days after the date of submission of a complete final plat and application; provided, however, that consistent with Town Law, § 276, the time within which the Planning Board shall hold a public hearing on such final plat shall be coordinated with any hearings the Planning Board may schedule pursuant to the State Environmental Quality Review Act.[1]
[Amended 7-27-1993 by L.L. No. 3-1993; 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
(a)
Waiver. If the Planning Board deems that the final plat is in substantial agreement with the approved preliminary plat, including required modifications, the required hearing may be waived by the Board. Waiver is not applicable to minor subdivision plats when the preliminary approval stage has been bypassed.
(b)
Notice to applicant. If a hearing is required, the Board Secretary shall mail notice of a pending hearing to the applicant at least 13 days in advance of the hearing.
(c)
Notice to property owners. At least seven days in advance of the hearing, the applicant shall mail notice by certified mail, return receipt requested, to all property owners within 500 feet of the plat (see § 200-8C), using an approved form of notice.
(d)
Signing. Upon completion of conditions, the plat shall be signed by the authorized officer and Secretary; provided, however, that notice of said hearing shall be published at least 14 days before such hearing where the hearing on the final plat is held jointly with the hearing on an environmental impact statement.
(e)
Filing. It is the practice of the Planning Board that a copy of the application, maps and plans be on file for public inspection during the notice period.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
(5)
Final decision. The Planning Board conditional approval, conditional approval with or without modifications, disapproval or grant of approval, and signing, of the final plat shall be within 62 days after such hearing or submission, if no hearing is held.
[Amended 7-27-1993 by L.L. No. 3-1993; 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
(a)
Extension decision. The time in which the Planning Board shall take final action may be extended by mutual consent of the applicant and the Planning Board.
(b)
Authorized officer. Upon resolution of conditional approval, the Planning Board shall empower a duly authorized officer and the Secretary to sign the plat subject to the completion of requirements of the resolution.
(c)
Certification. Within five days of the resolution, the plat shall be certified by the Secretary as conditionally approved and:
(d)
Signing. Upon completion of conditions, the plat shall be signed by the authorized officer and Secretary.
(e)
Expiration. Conditional approval expires 180 days after the date of the resolution unless the conditions or requirements have been certified as completed.
(f)
Extension signing. The Planning Board may, by resolution, extend the time in which the conditionally approved plat must be submitted for signature for not to exceed two additional periods of 90 days each.
(6)
Filing plat. The signature constituting final approval expires 60 days from the date of signing unless the plat has been duly filed or recorded by the applicant in the office of the Westchester County Clerk.
E.
Failure to act. In the event that the Planning Board fails to act under Subsection D(2) and (5), the following are applicable:
(1)
Preliminary. The preliminary plat is deemed granted preliminary approval.
(a)
Certificate. A certificate of the Town Clerk, as to the date of submission and the failure to take action within the prescribed time, shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval.
(2)
Final. The final plat shall be deemed approved.
(a)
Certificate. A certificate of the Town Clerk, as to the date of submission and the failure to take action within the prescribed time, shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval.