Whenever any subdivision of land is proposed and before any contract for the sale is carried out or title to any part thereof is transferred, the subdividing owner or his or her duly authorized agent shall proceed to secure approval of the proposed subdivision in accordance with the following steps:
A. 
Initial conference and review.
B. 
Preparation of preliminary plat.
C. 
Preparation of final plat.
A. 
Initial conference. The applicant shall notify the Building Inspector, at least two weeks in advance of a regular Planning Commission meeting, of his or her desire to be placed on the agenda for an initial conference. At such conference, he or she shall present a sketch layout of the proposed subdivision. It shall include a site location sketch (at a scale of one inch equals 800 feet) indicating the applicant's entire holdings in relation to neighboring streets and properties and shall show the general nature of the proposed arrangement of streets, lots, recreation areas and the proposed concept for providing utility service. The sketch layout shall be drawn on a topographic map with a vertical contour interval of no more than five feet, at a scale of no smaller than one inch equals 100 feet. It shall be submitted in 10 copies.
B. 
Field trip. After the initial conference, the Planning Commission may schedule a field trip to the proposed subdivision site. The applicant or his or her representative should attend the site inspection and, prior to it, should have the center line of all proposed streets located by temporary stakes.
C. 
Planning Commission recommendations. At or subsequent to the field trip, the Planning Commission shall advise the applicant or his or her representative of the additions and modifications, if any, which should be made if an application for subdivision approval is to be submitted.
A. 
Prior to requesting approval of a proposed final subdivision plat, the applicant shall file an application for approval of a preliminary plat, in duplicate, on forms available from the Building Inspector. (See Appendix B.[1]) Such application shall be filed with the Building Inspector at least two weeks prior to the regular Board of Trustees meeting at which it will be considered and shall:
(1) 
Be accompanied by a preliminary plat application fee, as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time.
(2) 
Comply with all requirements of these regulations and Chapter 335, Zoning.
(3) 
Be accompanied by 10 copies each of the preliminary plat, including all contiguous land of the applicant, and preliminary construction plans, showing all items listed in §§ A-1 and A-2 of the Appendix A,[2] Specifications for Plats and Plans, of these regulations.
[2]
Editor's Note: Appendix A is included at the end of this chapter.
(4) 
Be accompanied by such documents as may be required pursuant to SEQRA and the regulations promulgated therefrom, including without limitation, a completed environmental assessment form or draft environmental impact statement, as the case may be
(5) 
Be accompanied by a copy of any recommendations issued by the Planning Commission pursuant to § 293-11C.
(6) 
Be accompanied by a list of the names and addresses of each of the owners of property adjoining the subdivision, which list shall be used by the applicant to provide notice of the public hearing on the preliminary plat as provided in Subsection C(1) below.
[1]
Editor's Note: Appendix B is included at the end of this chapter.
B. 
Field trip. The Board of Trustees may schedule its own field inspection of the proposed subdivision.
C. 
Public hearing.
(1) 
Within 62 days after the receipt of a completed plat application and all accompanying material pursuant to § 293-12A by the Building Inspector, the Board of Trustees shall hold a public hearing on said application. The Building Inspector shall submit a notice of said hearing to the official Village newspaper for publication in said newspaper 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 a draft environmental impact statement. The applicant shall also mail copies of the notice of public hearing to all adjoining property owners at least five days prior to the public hearing. A copy of the proposed preliminary plat shall be maintained on file in the Village Hall, available for public inspection during normal business hours for the five-day period immediately preceding the hearing.
(2) 
Consistent with the provisions of § 7-728 of the Village Law, the time within which the Board of Trustees shall hold a public hearing on the preliminary plat shall be coordinated with any hearings the Board of Trustees may schedule pursuant to the State Environmental Quality Review Act. The hearing on the preliminary plat shall be closed upon motion of the Board of Trustees within 120 days after it has been opened.
D. 
Action on preliminary plat application. Within 62 days after the date of the close of such hearing, the Board of Trustees shall approve, with or without modification, or disapprove the preliminary plat application by resolution, which shall set forth any conditions to which the approval is subject or the reasons for disapproval pursuant to § 7-728 of the Village Law. However, consistent with the provisions of § 7-728 of the Village Law, if the Board of Trustees determines that an environmental impact statement is required, no decision shall be made on the preliminary plat application until the filing of the final environmental impact statement and the issuance of findings by the Board of Trustees. Within five business days of the adoption of the resolution granting approval of such preliminary plat, such plat shall be so certified by the Building Inspector, and a copy of the plat and resolution shall be filed in the Building Inspector's office and a copy of the resolution mailed to the owner. Within five business days from the date of adoption of the Board of Trustees' resolution stating the decision of the Board of Trustees on the preliminary plat, a copy of the resolution shall be filed in the office of the Village Clerk.
E. 
Expiration of approval. Approval of a preliminary plat application expires if the owner has not submitted a proposed plan in final form within six months of the date of approval of the preliminary plat.
F. 
A Stormwater Pollution Prevention Plan (SWPPP) consistent with the requirements of Chapter 288, Stormwater Management, Article I, Erosion and Sedimentation Control, shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in that article. The approved preliminary subdivision plat shall be consistent with the provisions of that article.
[Added 4-17-2006 by L.L. No. 2-2006]
Application for final subdivision plat approval shall be filed with the Building Inspector. Such application shall comply with the modifications, if any, required by the Board of Trustees at the time of preliminary plat approval and shall be submitted in duplicate on forms available from the Building Inspector. (See Appendix B.[1])
A. 
Items to accompany application. Application for final plat approval shall be accompanied by the following:
(1) 
Ten copies each of a final subdivision plat and final construction plans conforming to all requirements of §§ A-3 and A-4 of Appendix A, Specifications for Plats and Plans,[2] as well as all conditions, if any, of preliminary plat approval.
[2]
Editor's Note: Appendix A is included at the end of this chapter.
(2) 
A final plat application fee as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time.
(3) 
Proof of ownership by the applicant of the premises affected by the application and certificate of a title company covering all interests, liens and objections to title, if any.
(4) 
Where subdivision roads and/or other improvements are involved and where the applicant intends to post a performance bond to cover the cost of such improvements, a statement from the applicant's engineer giving the estimated cost of construction, together with the quantities and unit costs used in making the estimate.
(5) 
An engineering inspection fee as set forth in § 293-15C.
(6) 
A fee covering the costs to the Village for consulting services required for the professional review of the proposed subdivision in accordance with Chapter 162, Fees and Charges, Article II, Professional Consultant Review Fees.
(7) 
Where streets or park areas are included within the proposed subdivision, a formal offer of cession to the Village of all such streets and park areas, in a form approved by the Village Attorney, except where the proposed final subdivision plat has a notation to the effect that no offer of dedication of such street and park areas or any of them is made to the public.
(8) 
In an appropriate case, where there is no park area shown on the proposed plat, a cash payment in lieu of reservation fee, as set forth by resolution of the Board of Trustees in the Master Fee Schedule, which may be amended from time to time.
(9) 
Written agreement(s), in a form satisfactory to the Village Attorney and Village Engineer, permitting entry by the Village onto any streets, easements and park areas for the purposes of inspecting and installing any required improvements in the event of the failure of the applicant to make such installations or to properly maintain such installations until such time as the Village assumes the responsibility for them. Such agreements shall include legal descriptions of the easement areas with a survey or suveys showing same prepared by a licensed surveyor.
(10) 
A list of any and all waivers of the provisions of these regulations which the applicant requests the Board of Trustees to grant in his or her specific case, with the reasons therefor.
B. 
Public hearing. Within 62 days of the official submission date of the final subdivision application and all accompanying material, in a form satisfactory to the Board of Trustees, a public hearing shall be held by the Board of Trustees; provided, however, that, consistent with § 7-728 of the Village Law, the time within which the Board of Trustees shall hold a public hearing on such final plat shall be coordinated with any hearings the Board of Trustees may schedule pursuant to the State Environmental Quality Review Act. If the Board of Trustees deems the final plat to be in substantial agreement with the approved preliminary plat, the Board of Trustees may waive the requirement for such a public hearing. Where a hearing is to be held, the Building Inspector shall submit a notice of said hearing to the official Village newspaper for publication in said newspaper 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 final plat is held jointly with the hearing on an environmental impact statement. A copy of the proposed plat and construction plans shall be maintained on file in the Village Hall, available for public inspection during normal business hours for the five-day period immediately preceding the hearing.
C. 
Action by Board of Trustees. Within 62 days after the close of the public hearing or within 62 days of the official submission date of the final application when a hearing is waived, the Board of Trustees shall, by resolution, conditionally approve, with or without modification, or disapprove or grant final approval and authorize the signing of the plat. However, consistent with § 7-728 of the Village Law, if the Board of Trustees determines that an environmental impact statement is required, no decision shall be made on the final plat until the filing of the final environmental impact statement and the issuance of findings by the Board of Trustees. The time in which the Board of Trustees must take action may be extended by mutual consent of the applicant and the Board of Trustees. Within five business days from the date of the adoption of the resolution stating the decision of the Board of Trustees on the final plat, a copy of such resolution shall be filed in the office of the Village Clerk. Within five business days of the adoption of a resolution granting conditional or final approval of the final plat, the plat shall be certified by the Building Inspector as conditionally or finally approved, and one copy shall be filed in the Board of Trustees office. A copy of the resolution shall be mailed to the owner. In the case of a conditionally approved plat, such resolution shall include a statement of the requirements which, when completed, will authorize the signing of the conditionally approved final plat. Conditional approval of a final plat shall expire within 180 days after the date of the resolution granting conditional approval, unless such requirements have been certified as completed. Notwithstanding the foregoing, the Board of Trustees may extend the time in which a conditionally approved plat in final form must be submitted for signature, if, in its opinion, such extension is warranted by the particular circumstances thereof, for not to exceed two additional periods of 90 days each.
D. 
Authorization for filing plat by sections. Prior to granting its approval, the Board of Trustees may permit the plat to be subdivided into two or more sections and may impose such conditions upon the delineation and filing of the sections as it may deem necessary to assure the orderly development of the plat. Approval of the sections, subject to any conditions imposed by the Board of Trustees, shall be granted concurrently with approval of the plat. If the owner files only a section of an approved plat within 90 days of the date of approval, such section shall encompass at least 10% of the total number of lots contained in the approved plat. Within 30 days of the filing of a section of an approved plat with the County Clerk, the owner shall file the entire approved plat with the Elmsford Village Clerk. The Board of Trustees may deny approval of any subsequent section if a prior approved section has not first been satisfactorily completed.
E. 
Action by applicant. Based upon the Board of Trustees' resolution, the applicant shall have the final subdivision plat and construction plans revised, if necessary, in accordance with said resolution and submit 10 copies of such revised maps to the Building Inspector. Any performance bond which is to be posted shall be submitted to the Village Attorney. The Village Attorney shall be responsible for determining and certifying to the Board of Trustees whether or not the surety, form, sufficiency and manner of execution of the bond is acceptable.
F. 
Approval of construction plans. The construction plans, revised as necessary to meet the requirements of the Board of Trustees' resolution, shall be endorsed by the Mayor, as the Planning Board Chairman, or other duly authorized member of the Board of Trustees as approved prior to the signing of the plat or the beginning of any construction work within the proposed subdivision.
G. 
Final approval of subdivision plat. The Mayor/Planning Board Chairman or other duly authorized member of the Board of Trustees shall endorse the Board of Trustees' final approval on the plat only after all required improvements have been completed in accordance with the Board of Trustees' approval of the plat and construction plans or alternatively after a bond of the required amount and surety has been filed and after all other required conditions of the resolution of approval, including the payment of all fees, have been complied with. Said endorsement shall be by signature and date on the original of the plat (which shall be returned to the applicant for filing) and on a print of the plat (which shall be retained in the record files of the Village Clerk).
H. 
Filing plat with County Clerk. The approved plat shall be filed with the Westchester County Clerk, Division of Land Records, within 90 days of the date of Board of Trustees signing. The approval of any plat not so filed shall expire 90 days from the date of signing. The Board of Trustees may extend such ninety-day period, as provided in § 7-728 of the Village Law, upon written request by the applicant.
I. 
Submission of copies of filed plat. The applicant shall submit five copies of the final plat, showing the endorsement of the County Clerk, to the Building Inspector within 30 days of the date of filing.
J. 
A stormwater pollution prevention plan consistent with the requirements of Chapter 288, Stormwater Management, Article I, Erosion and Sedimentation Control, and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in that article. The approved final subdivision plat shall be consistent with the provisions of that article.
[Added 4-17-2006 by L.L. No. 2-2006]
[1]
Editor's Note: Appendix B is included at the end of this chapter.