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.
A.
General. The regulations provide for review and/or
approval of plat applications and plans by officials or agencies other
than the Planning Board. Referral to other officials or agencies will
be made by the Board or the applicant as hereinafter specified.
B.
Preapplication.
(1)
It is expected that the applicant, in the preparation
of a sketch plan or a preliminary plat, will confer for planning purposes
with the appropriate Town, County and state agencies that may have
future jurisdiction or counsel with regard to elements such as:
C.
Preliminary plat application. When a complete application
for preliminary approval is received, the Planning Board, as deemed
appropriate in the particular case, will refer the preliminary plat,
profiles and reports as follows:
(1)
To the Town Superintendent of Highways or to his engineer
or representative designated by the North Salem Town Board;
(2)
To the Conservation Advisory Council with regard to natural features of the tract and protection of wetlands and watercourses (§ 200-21);
(3)
To the Board of Fire Commissioners with regard to fire-protection services, access and fire ponds (§ 200-30);
(5)
To the Town Board and Town Attorney concerning any
proposed parks, playgrounds, special easements, water or sewer districts
or other features involving future Town Board administrative jurisdiction
or legal questions;
(6)
To the planning consultant for the Board, such as
with regard to overall planning of the plat;
(7)
To the Westchester County Soil and Water Conservation District, such as with regard to cases of severe soil erosion and sedimentation potentials (§ 200-28);
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
(8)
To the Westchester County Department of Planning under
the General Municipal Code; and/or
(9)
To the Town Consulting Engineer, with regard to overall
engineering of the plat.
[Added 3-12-1996; amended 12-30-1996 by L.L. No. 10-1996]
D.
Prior to final plat application. Prior to submission
of the final approval application, the applicant will make the following
referrals of appropriate maps and plans:
(1)
To the Westchester County Department of Health [§ 200-9E(1)] for approval of plans for water supply and sewage disposal, and any approval will be endorsed on the final plat map prior to submission of the final approval application.
(2)
To the New York State Department of Transportation and/or the Westchester County Highway Department for an application for street or drainage connections to state highways or County roads [§ 200-9E(2)].
(3)
To the New York State Department of Environmental Conservation for authorization of modification of wetlands, streams and stream beds or land mining [§ 200-9E(3)].
(4)
To the Town Superintendent of Highways or to his engineer
or representative designated by the Town Board for approval of the
construction plans for streets and drainage, and any approval will
be endorsed on the construction plans prior to submission of the final
approval application.
(5)
To the Town Tax Map Surveyor for approval of the metes
and bounds description of the proposed subdivision.
[Added 10-12-1993; amended 12-30-1996 by L.L. No. 10-1996]
(6)
To the New York City Department of Environmental Protection [§ 200-9E(7)] for approval of plans for sewage disposal.
[Added 3-12-1996; amended 12-30-1996 by L.L. No. 10-1996]
(7)
To the Town Consulting Engineer, such as with regard
to overall engineering of the plat.
[Added 3-12-1996; amended 12-30-1996 by L.L. No. 10-1996]
E.
Final plat application. When a complete application
for final approval is received, the Planning Board, as deemed appropriate,
will refer the final plat, profiles, construction program and data
as follows:
(1)
To the Town Board and Town Attorney concerning proposed
parks, playgrounds, special easements, water or sewer districts or
other features involving Town Board administrative jurisdiction or
legal questions.
(2)
To the planning consultant for the Board, such as
with regard to overall planning of the plat.
(3)
To the United States Department of Agriculture Soil Conservation Service, such as with regard to construction plans and a program for soil erosion and sedimentation control (§ 200-28).
(4)
To Town agencies receiving referrals under preliminary
consideration, such as for confirmation of design recognition of previous
recommendations.
F.
Final plat approval. In connection with final approval
procedures, including conditions for approval, the following referrals
will be made by the Planning Board as appropriate:
(1)
Completion bonds, to the Town Board for approval as to security and as to form, sufficiency and manner of execution (§ 200-15).
(2)
Conveyances (easements and offers of cession for streets, rights-of-way and parks), to the Town Board for approval as to form and manner of execution (§ 200-13).
(3)
Maps, plans or documentation concerning water and sewer districts, to the Town Board for approval [§ 200-10C(7)].
G.
Plat completion. Upon completion of required street,
drainage and other improvements in the plat, the following referrals
will be made by the Planning Board as appropriate:
A.
General. It is the responsibility of the applicant
to construct the streets, drainage, parks and other improvements shown
on the approved construction plans in a workmanlike manner and in
accordance with the time limits approved by the Planning Board and
the accepted construction program. All such construction is subject
to inspection prior to commencement, during work and upon completion
by Town, state and County agencies having regulatory jurisdiction.
B.
Inspection. The Planning Board, the Town Superintendent of Highways, and the Town Consulting Engineer shall have free access to the construction work at all times. The Town Superintendent of Highways may be represented by his engineer or other agent designated by the Town Board [§ 200-16B(2)].
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
C.
Materials tests. The Planning Board, the Town Superintendent
of Highways, or his engineer or agent, or the Town Consulting Engineer
are authorized to take material samples, cores and other tests as
deemed necessary to determine compliance with applicable standards.
They may require the applicant, at his expense, to have such tests
made and certified by a land surveyor or professional engineer, or
both. The applicant may provide the supplier's or manufacturer's detailed
specifications for particular materials to be used in the work, including
references to the New York Department of Transportation Standard Specifications.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
D.
Notification.
(1)
In order to enable the Town Superintendent of Highways,
or his engineer or representative, and the Town Consulting Engineer
to make inspections in a timely manner and at critical stages of the
work, it is necessary that they are notified by the applicant or the
applicant's contractor as follows:
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
(a)
Start of work. Notice of intent to start the
project is to be given, in writing, by the applicant or his contractor
at least three days prior to starting work. If the project is to be
closed down for a period exceeding one week due to seasonal conditions
or other cause, notice is to be given, and three days' notice is to
be given prior to resuming the work.
(b)
Stages of work. The applicant or his contractor
is to give notice at least 48 hours before each of the following steps
or stages of the work:
[1]
Prior to commencing site clearance but after
the construction work has been staked out.
[2]
Prior to commencing excavation and the grading
of streets and the installation of embankments.
[3]
Prior to commencing installation of drainage
and other utilities.
[4]
Prior to backfilling structures and drainage
pipes and other utilities.
[5]
Prior to the placement of the base course on
the subgrade of a street.
[6]
Prior to commencing construction of the paved
surface of a street.
(2)
The Town Superintendent of Highways and the Town Consulting
Engineer are to have three working days in which to inspect the completed
work in each of the above stages, and no work is to be commenced on
succeeding stages of construction until the required inspection has
been made and the work approved by either the Town Superintendent
of Highways or the Town Consulting Engineer.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
E.
The Town Superintendent of Highways or the Town Consulting
Engineer may issue a stop-work order if, in either of their judgments,
the construction project or any stage thereof is not being carried
out in accordance with approved plans and specifications or if unforeseen
field conditions are encountered for which the approved plans are
insufficient.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
F.
Prior to the issuance of a building permit for any
lot, the applicant shall complete all necessary rough-grading and
drainage improvements within all street rights-of-way fronting a subdivision
or drainage monuments serving such lot in order to ensure adequate
access to the building lot by emergency vehicles.
[Added 3-12-1996; amended 12-30-1996 by L.L. No. 10-1996]
G.
Prior to the issuance of a certificate of occupancy
for a structure on any lot not fronting on any improved public street,
the applicant shall complete storm drainage, curbs, sidewalks and
sanitary sewage construction within the right-of-way and any easements
affecting that lot and rights-of-way between that lot and existing
improved public streets; shall have installed all utilities, including
house connections and streetlighting, in such right-of-way; and shall
fine-grade and construct foundation course and top or wearing course
to the full design widths of street pavement.
[Added 3-12-1996; amended 12-30-1996 by L.L. No. 10-1996]
H.
The applicant shall deliver a set of the approved
construction drawings to the Building Inspector upon filing of the
final subdivision plat.
[Added 3-12-1996; amended 12-30-1996 by L.L. No. 10-1996]
