The Planning Board may require, where it deems
it necessary for the protection of the public health, safety and welfare,
that a minor subdivision comply with all or some of the requirements
specified for major subdivisions.
A. Application and fee.
(1) Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a subdivision plat. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in Article
V, §
176-23A.
(2) All applications for plat approval for minor subdivisions
shall be accompanied by an application review fee in the amount set
by resolution of the Town Board in the Fee Schedule, payable by check to the Town of Ossining, stating the
specific purpose of the fee.
[Amended 9-11-2007 by L.L. No. 8-2007]
B. Number of copies. Six copies of the subdivision plat
shall be presented to the Chairman of the Planning Board by the 10th
of the month in which it is to be considered.
C. Subdivider to attend Planning Board meeting. The subdivider,
or his duly authorized representative, shall attend the meeting of
the Planning Board to discuss the subdivision plat.
D. When officially submitted. The time of submission of the subdivision plat shall be as defined in Article
II, Definitions.
E. Public hearing. A public hearing shall be held by
the Planning Board within 62 days from the time of submission of the
subdivision plat for approval. Notice of said hearing and of the substance
of the application shall be given by publication in the official newspaper
of the Town at least 10 days before the date of such hearing. In addition
to such published notice, the Planning Board shall cause such notice
to be mailed at least 10 days before the hearing to all owners of
property which lies within 500 feet of any lot line of the property
for which the subdivision is sought and to such other persons as the
Planning Board may deem advisable.
[Amended 4-11-1995 by L.L. No. 2-1995; 12-15-2015 by L.L. No. 5-2015]
(1) The names of said owners shall be taken as they appear
on the last completed tax roll of the Town.
(2) Provided that due notice shall have been published
as above provided and that there shall have been substantial compliance
with the remaining provisions of this subsection, the failure to give
notice in exact conformance herewith shall not be deemed to invalidate
action taken by the Planning Board in connection with the granting
of approval of a subdivision.
F. Action on subdivision plat. The Planning Board shall,
within 62 days from the date of the public hearing, approve, modify
and approve or disapprove the subdivision plat. The Board shall specify
in writing its reasons for any such disapproval.
[Amended 4-11-1995 by L.L. No. 2-1995]
G. Duration of conditional approval of subdivision plat.
Conditional approval of the subdivision plat shall expire 180 days
after the date of the adoption of the resolution granting such approval
unless all of the conditions required to be fulfilled prior to the
signing of the plat by the Planning Board Chairman have been fulfilled.
The Planning Board may extend said time in which a conditionally approved
plat must be submitted for signature by not more than two additional
periods of 90 days each if, in the Planning Board's opinion, such
extension is warranted by the particular circumstances involved.
[Added 4-11-1995 by L.L. No. 2-1995]
H. Expiration of approval. The signature of the Planning
Board Chairman constituting final approval by the Planning Board of
a subdivision plat as herein provided shall expire 62 days from the
date of such endorsement unless, within such sixty-two-day period,
such plat has been duly filed in the Office of the Westchester County
Clerk, Division of Land Records.
[Added 4-11-1995 by L.L. No. 2-1995]
In accordance with the Town Board authorization contained in §
200-31 of the Zoning Ordinance, the Planning Board may, upon application of the property owner or upon the Planning Board's own motion, modify applicable zoning provisions simultaneously with the approval of a subdivision plat in order to promote the purposes and intent of that section. Any such action shall be taken within the limitations imposed by § 281 of the Town Law and §
200-31 of the Zoning Ordinance, as well as in compliance with the following rules and regulations:
A. Procedure. In the case of a property owner applying for modifications pursuant to this section, both conventional subdivision and cluster development sketch plans shall be presented to the Planning Board, instead of just the conventional subdivision sketch plan described in §
176-4 of these regulations. In the case of modifications of applicable zoning provisions required on the Planning Board's own motion, said Board shall notify the applicant in writing of the specific modifications which will be required. Such notification shall occur either prior to the time of conditional approval of the preliminary plat described in §
176-6G of these regulations. The required modifications shall then become a mandatory condition which must be complied with as a part of the final plat application.
B. Determinations. Prior to the Planning Board determining whether and to what extent any modifications of the otherwise applicable provisions of the Zoning Ordinance shall be required of an applicant who has not requested such modifications, said Board shall determine that the modifications would benefit the Town by satisfying one or more of the purposes set forth in §
200-31A of the Zoning Ordinance, and that the modifications are necessary to satisfactorily achieve one or more of the following specific objectives:
(1) The preservation of a unique or significant natural
feature of the site, including but not limited to a vegetative feature,
wildlife habitat, surface water supply, underground aquifer, endangered
species, rock formation, etc.
(2) The protection of a unique or significant feature
of the man-made environment of the site, including but not limited
to a building, structure or artifact of architectural, historical
or archaeological value.
(3) The preservation of any unique or significant aesthetic
feature of the site, including but not limited to a community vista,
ridgeline, etc.
(4) The protection of any other unique or significant
feature of the site which the Planning Board determines to be important
for recreation, education, open space or similar purposes.
C. Modifications. Where the Planning Board on its own motion has required a zoning modification not requested by the property owner, the degree of such required modification shall be the minimum necessary to properly accomplish the objective or objectives associated with the criteria set forth in Subsection
B above.
D. Public hearing. In addition to compliance with the
special requirements and procedures for cluster development, such
development shall also be subject to review and public hearing by
the Planning Board in accordance with the procedures otherwise applicable
to conventional subdivision plats.
E. Filing requirements. Upon the filing of a cluster
development plat in the Office of the Westchester County Clerk, a
copy shall also be filed with the Town Clerk, who shall make appropriate
notations and references thereto on the official copy of the Town
Zoning Map.
[Added 12-15-2015 by L.L.
No. 5-2015]
A. Every applicant that submits an application for a proposed subdivision
to the Planning Board must post one or more notification signs on
the property which is the subject of said application within three
days of acceptance of the application by the Planning Board and must
maintain the posted sign(s) place until the Planning Board has rendered
its final decision approving or denying said application. The sign(s)
shall be erected not more than 10 feet from each boundary of the property
that abuts a public road and must be conspicuous to the public. The
bottom edge of each sign so erected shall be positioned no less than
14 inches and no more than 36 inches above the ground. In the event
that the subject property abuts more than one road, additional signs
will be posted facing each road on which the property abuts. If the
sign's visibility is obscured by vegetation, the applicant must
cut the vegetation to a degree sufficient to maintain clear visibility
of the sign from the road. If the property does not abut a public
road, one or more signs shall be posted in Town-approved locations
that can readily be seen by the public. Any sign erected under this
provision must be removed within 10 days after the Planning Board
has rendered its final decision approving or denying said application.
B. In the event that an application shall be withdrawn or become inactive,
the applicant shall remove the sign(s) within five business days of
withdrawing the application or of receiving notice from the Planning
Board that the application has been designated inactive. For the purposes
of this section, any application which has not appeared on the Planning
Board's agenda for six or more months shall be designated inactive.
The Planning Board shall notify the applicant in writing that the
application has become inactive and instruct the applicant to remove
the sign(s) until such time as the application shall be reactivated.
Once the application is reactivated, the sign(s) shall be posted within
three days.
C. The Town of Ossining will supply the sign(s), and the initial cost
will be included in the application fee. The applicant will be responsible
for maintaining said sign(s) in good condition so as to be visible
to and readable by the public. The applicant shall be responsible
for replacing any sign(s) that is(are) damaged, destroyed, lost or
stolen during the pendency of the application. A replacement fee will
be charged for each sign that needs to be replaced. The amount of
said replacement fee shall be determined from time to time by the
Town Building Inspector.
D. Prior to the commencement of any public hearings or, if no public
hearings are required, prior to the rendering of any decision disposing
of any application, the applicant shall submit a sworn certification
on a form provided by the Town, together with legible photographic
evidence, to verify the placement and maintenance of the required
sign(s). If the certification is not timely submitted, any scheduled
public hearings shall be canceled, subject to rescheduling, and any
dispositive action by the Planning Board shall be deferred until timely
certification is submitted. In the event of repeated or continued
noncompliance with these sign posting and certification requirements,
the application may be dismissed at the discretion of the Planning
Board.