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.
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.)
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, as well as all conditions, if any, of preliminary plat
approval.
(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]