[Amended 1-21-2004 by L.L. No. 1-2004; 5-19-2021 by L.L. No. 2-2021]
Whenever any subdivision of land is proposed, before any contract
is made for the sale of any part thereof, and before any permit for
the erection of a structure in such proposed subdivision shall be
granted, the subdividing owner, or his authorized agent, shall apply
for and secure approval of such proposed subdivision in accordance
with the following procedure, which includes two steps for preliminary
plat and subdivision plat.
A.Â
An applicant may request a meeting with the Planning Board to informally
discuss a plan. The Board has the option of providing such an opportunity.
If an informal plan is to be discussed, it shall be noted on the Planning
Board agenda.
B.Â
All subdivision applications shall be reviewed by the Community Development Review Committee (CDRC) prior to their initial appearance before the Planning Board, according to the procedures for new Planning Board applications set forth in of § 195-61 of Chapter 195, Zoning of this code.[1]
[1]
Editor's Note: Former § 21, Conceptual endorsement
of a sketch plan, which immediately followed this section, was deleted
1-21-2004 by L.L. No. 1-2004.
A.Â
Application procedure and requirements.
(1)Â
Prior to subdividing or resubdividing land, an owner
of land, or an applicant authorized by the owner of land, shall file
an application for preliminary plat. The application shall:
[Amended 1-21-2004 by L.L. No. 1-2004]
(a)Â
Be made on forms available at the office of
the Planning Board, together with a submission fee in accordance with
the Standard Schedule of Fees.[1] Every subsequent preliminary submission will be accompanied
by an additional submission fee in accordance with the Standard Schedule
of Fees.
[1]
Editor's Note: The Standard Schedule of Fees
is on file in the Village Clerk-Treasurer's office.
(b)Â
Include all contiguous holdings of the owner,
including land in the same ownership, as defined in the Zoning Chapter,
with an indication of the portion which is proposed to be subdivided,
accompanied by an affidavit of ownership, which shall include the
dates the respective holdings of land were acquired, together with
the liber and page of each conveyance into the present owner as recorded
in the Rockland County Clerk's office. The affidavit shall state the
legal owner of the property, the contract owner of the property, the
date the contract of sale was executed, and, if any corporations are
involved, a complete list of all directors, officers and stockholders
of each corporation owning more than 5% of any class of stock.
[Added 6-22-2005 by L.L. No. 4-2005]
(c)Â
Include all land which the applicant proposes
to subdivide and all land immediately adjacent extending 500 feet
therefrom, or of that directly opposite thereto extending 500 feet
from the street frontage of such opposite land, with the names of
owners as shown in the Town Assessor's files. This information may
be shown on a separate current Tax Map reproduction from the Assessor's
office showing the subdivision superimposed thereon.
(f)Â
Be accompanied by a full environmental assessment
form per 6 NYCRR Part 617.
(g)Â
Be presented to the Clerk to the Planning Board at least 26 days prior to the regular meeting of the Board at which this application is to be considered. The Clerk must receive the application and all supporting material no later than 12:00 noon of the 26th day. A preliminary plat which does not fully comply with the requirements of Article V, § 163-31, or which is accompanied by construction plans which do not fully comply with the requirements of Article V, § 163-32, shall not be deemed to be officially submitted for the purposes of these regulations.
(h)Â
Be accompanied by a letter not more than 30
days old from the Building Inspector identifying any outstanding violations.
(i)Â
Be accompanied by a narrative summary and an
identification of environmental and planning issues, as well as a
description of the proposal.
(j)Â
The application shall be accompanied by stamped No. 10 envelopes addressed to each owner of property within a distance of 500 feet from the proposed subdivision, not including those included in Subsection A(2) immediately following. An affidavit shall be submitted by the applicant declaring that the names and addresses of the adjacent or opposite property owners are correct as within the knowledge of the applicant or as shown on the latest tax assessment roll of the Village of Montebello. The applicant shall provide proof of mailing receipts and proof of delivery to the Clerk in the form provided by the United States Postal Service.
(k)Â
Stormwater pollution prevention plan: A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Article II of Chapter 158 shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article II of Chapter 158. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 158, Article II.
[Added 5-16-2007 by L.L. No. 3-2007]
(2)Â
The Clerk of the Planning Board shall refer the proposed
preliminary plat to the CDRC for its review, recommendations and report.
Such report of the CDRC shall be submitted in writing to the Planning
Board prior to the next regular meeting of said Board at which the
subdivision is to be considered. The Clerk shall also refer the proposed
preliminary plat to other interested government agencies and municipalities
abutting the proposed subdivision, with a date by which a response
is needed.
(3)Â
To comply with Article 12B, §§ 239-f
and 239-n of the General Municipal Law, all subdivisions in the following
locational categories shall be referred to the Rockland County Commissioner
of Planning prior to preliminary action by the Planning Board.
(a)Â
Real property within 500 feet of a municipal
boundary, county or state park existing or proposed, right-of-way
of any existing or proposed county or state road/parkway/thruway,
boundary of any existing or proposed county or state owned land on
which a public building or institution is situated.
(b)Â
Real property within 1,000 feet of a right-of-way
of any existing or proposed county drainage channel or stream for
which the county has established channel lines.
(c)Â
If the Rockland County Commissioner of Planning
fails to report within a thirty-day period or such longer period as
may have been agreed upon by him and the Planning Board, the Planning
Board may act without such report.
(d)Â
If the Rockland County Commissioner of Planning
disapproves the proposal, or recommends modification thereof, the
Planning Board shall not act contrary to such disapproval or recommendation
except by a vote of a majority plus one of all the members thereof
and after the adoption of a resolution fully setting forth the reasons
for such contrary action.
(e)Â
Within seven days after final action by the
Board, a report of the Board's final action shall be filed with the
Rockland County Commissioner of Planning.
(4)Â
No application shall be deemed complete unless the
following items have been obtained and submitted to the Clerk of the
Planning Board:
[Amended 1-21-2004 by L.L. No. 1-2004]
(a)Â
Acceptance by the Planning Board for purposes
of public review of a Draft Environmental Impact Statement or issuance
of a negative declaration pursuant to 6 NYCRR Part 617;
(b)Â
All materials required by § 163-11A(1);
(c)Â
All fees, including reimbursement for professional
review by consultants to the Village, have been paid in full.
B.Â
Public hearing on preliminary plat.
(1)Â
Within 62 days after the receipt by the Clerk of the Planning Board of a completed application for preliminary plat in full compliance with the requirements of § 163-11A, the Board shall hold a public hearing. Such hearing shall be advertised in the same manner as a public hearing on a final subdivision plat.
(2)Â
The Clerk shall advertise such a public hearing at
least once in a newspaper of general circulation in the Village at
least five days before such hearing.
(3)Â
At the time of a public hearing, the applicant shall submit an affidavit
stating that he has notified by first-class mail with certificate
of mailing each owner of property within a distance of 500 feet from
the proposed subdivision as indicated on the application for subdivision
approval at least 10 days prior to the public hearing and that the
applicant has placed at least two posters provided to him by the Clerk
of the Planning Board on the four closest public roads in visible
locations surrounding the proposed subdivision property, at least
500 feet apart if possible. The notice to be mailed shall conform
to the official form of notice set forth in Appendix A.[2]
[Amended 5-17-2017 by L.L. No. 1-2017]
[2]
Editor's Note: Appendix A is on file in the Village Clerk-Treasurer's
office.
C.Â
Preliminary approval. After holding the public hearing,
the Planning Board shall approve with or without modification or disapprove
such preliminary plat within the time frame required by Village Law
§ 7-728, Subdivision 5. The basis of a modification, if
any, or the basis for disapproval shall be stated upon the records
of the Planning Board. Notwithstanding the foregoing provisions, the
time in which the Planning Board must take action on the preliminary
plat may be extended by mutual consent of the applicant and the Planning
Board. When so approving a preliminary plat, the Planning Board shall
state in writing modifications, if any, as it deems necessary for
submission of the plat in final form. Within five days of the approval
of the minutes memorializing a preliminary plat, it shall be certified
by the Clerk to the Planning Board as granted preliminary approval
and a copy placed in the Planning Board file. A certified copy shall
be mailed to the applicant. In the event that the Planning Board fails
to take action on the preliminary plat within the time prescribed
herein, such plat shall be deemed granted preliminary approval.
[Amended 6-22-2005 by L.L. No. 4-2005]
(1)Â
Before the Board approves a preliminary plat showing
park reservation or land for other municipal use proposed to be dedicated
to the Village or town, the Board shall obtain approval of the park
or land reservation from the Village Board or Town Board, as the case
may be.
(2)Â
The Planning Board shall require the applicant to
indicate on the plat all roads and public improvements to be dedicated,
all trees that are required to be preserved, all districts for water,
fire or utility improvements which shall be required to be established
or extended upon petition of the applicant to the Village Board and
any other special requirements deemed necessary by the Planning Board
in order to conform the subdivision plat to the Official Map and Master
Plan of the Village, as may be adopted by the Village Board or Planning
Board.
D.Â
Tenure of Planning Board approval. Within six months
of the approval of a preliminary plat, the applicant shall submit
the plat in final form. The approval of a preliminary plat shall be
effective for a period of one year, at the end of which time final
approval on the subdivision must have been obtained from the Planning
Board although the plat need not be signed and filed with the County
Clerk. The status of any plat not receiving final approval within
the period of time set forth herein shall be null and void and the
applicant shall be required to resubmit a new plat for preliminary
approval subject to all new zoning restrictions and subdivision regulations.
A.Â
Application procedure.
(1)Â
Following the preliminary plat the applicant, if wishing
to proceed with the subdivision, shall file with the Clerk to the
Planning Board an application for final plat approval. The application
shall:
[Amended 1-21-2004 by L.L. No. 1-2004]
(a)Â
Be made on forms available at the office of
the Planning Board, together with a submission fee in accordance with
the Standard Schedule of Fees.[1] Subsequent submissions, if necessary, shall be accompanied
by an additional submission fee in accordance with the Standard Schedule
of Fees. A request for an extension of final approval or new security
shall constitute a submission.
[1]
Editor's Note: The Standard Schedule of Fees
is on file in the Village Clerk-Treasurer's office.
(b)Â
Include a map of that portion of the property
for which final approval is sought.
(d)Â
Comply in all respects with the preliminary
plat, as approved.
(e)Â
Be presented to the Clerk of the Planning Board at least 26 days prior to a regular meeting of the Board in order that a public hearing may be scheduled and the required five days' notice given. The Clerk must receive the application and all supporting material no later than 12:00 noon of the 26th day. A final plat which does not fully comply with the requirements of Article V, § 163-33, or which is accompanied by construction plans which do not fully comply with the requirements of Article V, § 163-32, shall not be deemed to be officially submitted for purposes of these regulations.
(f)Â
Be accompanied by an amendment, if appropriate, of the affidavit required under Article II, § 163-11A(1)(b) of these regulations to include all changes in ownership of the property proposed to be subdivided and all changes of officers, directors or stockholders of the applicant corporation or owners of property, legal or by contract, as of the date of application for final approval.
(g)Â
At the time of a public hearing, the applicant shall submit
an affidavit stating that he has notified by first-class mail with
certificate of mailing each owner of property within a distance of
500 feet from the proposed subdivision as indicated on the application
for subdivision approval at least 10 days prior to the public hearing.
[Amended 5-17-2017 by L.L. No. 1-2017]
(h)Â
Be accompanied by an inspection fee in an amount to be determined on the basis of the provisions of Article III, § 163-16A, and by written assurance from the public utility companies and improvement districts that necessary utilities will be installed, and proof that the applicant has submitted petitions in writing to the Village Board or Town Board for the creation or extension of any improvement districts as required by the Planning Board upon preliminary plat approval. The applicant shall also pay a fee in accordance with the Standard Schedule of Fees for each street sign shown on the final plat, which street signs shall be installed by the Village.[2]
[2]
Editor's Note: The Standard Schedule of Fees
is on file in the Village Clerk-Treasurer's office.
(i)Â
Stormwater pollution prevention plan: A stormwater pollution prevention plan consistent with the requirements of Article II of Chapter 158 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 Article II of Chapter 158. The approved final subdivision plat shall be consistent with the provisions of Chapter 158, Article II.
[Added 5-16-2007 by L.L. No. 3-2007]
(2)Â
If the applicant believes the final plat is in substantial agreement with a preliminary plat approved pursuant to § 7-728 of the Village Law, these subdivision regulations and any other applicable regulations, the applicant shall provide written evidence of such substantial agreement, in the form of map and narrative material describing the substantial agreement, documenting that all of the requirements of §§ 163-31, 163-32 and 163-33 of these regulations have been met; that there are no substantive changes to the plans and supporting documents; and that all permits have been obtained.
(3)Â
The request by an applicant for a determination by
the Planning Board that a final plat is in substantial agreement with
a preliminary plat approved pursuant to § 7-728 of the Village
Law, these subdivision regulations and any other applicable regulations
shall be considered by the Planning Board as an agenda item at a scheduled
Planning Board meeting.
(4)Â
If the Planning Board determines that the final plat
is in substantial agreement with a preliminary plat approved pursuant
to § 7-728 of the Village Law, these subdivision regulations
and any other applicable regulations, the Planning Board shall by
resolution conditionally approve with or without modification, disapprove,
or grant final approval and authorize the signing of such plat within
62 days of its receipt by the Clerk of the Planning Board.
[Amended 6-22-2005 by L.L. No. 4-2005]
(5)Â
No application shall be deemed complete unless the
following items have been obtained and submitted to the Clerk of the
Planning Board:
(a)Â
All items required pursuant to preliminary approval pursuant to § 163-11.
[Amended 1-21-2004 by L.L. No. 1-2004]
(b)Â
All materials required by § 163-12A(1).
(c)Â
Approval by the Village Board, by resolution, of any reservation of lands for parks, playgrounds, or recreation pursuant to § 163-11C.
(d)Â
All fees, including reimbursement for professional
review by consultants to the Village, have been made in full.
(e)Â
All items necessary to meet the requirements
of 6 NYCRR Part 617.
(6)Â
The Clerk of the Planning Board shall refer the proposed
final plat to the CDRC for its review, recommendations and report.
Such report of the CDRC shall be submitted in writing to the Planning
Board prior to the next regular meeting of said Board at which the
subdivision is to be considered.
(7)Â
The Clerk of the Planning Board shall refer the proposed final plat to the Rockland County Commissioner of Planning for subdivisions within the jurisdiction as described in § 163-11A(3) herein.
B.Â
Endorsement of County Health Department. Subdivision
plats shall be properly endorsed by the County Health Department,
if required by applicable county law or regulation, before being submitted
to the Planning Board for final approval. The plat should be in final
form before submission to the County Health Department for approval.
C.Â
Authorization to call public hearing. Upon receipt of a completed application and all accompanying material, the Clerk to the Planning Board shall be authorized to call a public hearing for the next scheduled meeting of the Planning Board to be held at least 26 days after the submission of the completed application. The public hearing shall be held within 62 days of the submission of the complete application. The Clerk will submit notices for publication, as required by Village Law, will mail notices to all property owners, as specified in Article II, § 163-12A(1)(g), and will maintain file copies of the plat and construction plans for public review prior to the hearing. The Clerk to the Planning Board shall furnish at least two posters to the applicant to be posted by the applicant in visible locations surrounding the proposed subdivision property at least 500 feet apart where sufficient frontage exists, at least 10 days prior to the public hearing. The Clerk shall advertise such public hearing in a newspaper of general circulation in the Village at least five days before such hearing. The notice to be mailed shall conform to the official form of notice set forth in Appendix A.[3]
[3]
Editor's Note: Appendix A is on file in the
Village Clerk-Treasurer's office.
D.Â
Public hearing and resolution approving or disapproving application. At the public hearing the applicant shall furnish an affidavit as to placement of posters required by § 163-12C, and the Planning Board will give an opportunity to any interested persons to examine or comment upon the plat and construction plans. After the public hearing and within the time frame required by Village Law § 7-728, Subdivision 6, the Planning Board shall approve, modify and approve or disapprove the subdivision plat. Conditional approval of a final subdivision plat shall expire 180 days after the date of the resolution granting conditional approval unless such requirements have been completed. The Planning Board, upon written request of the applicant, may extend the time of conditional approval for two additional periods of 90 days each, if in its opinion, such extension is warranted by the particular circumstances thereof. Final approval shall be deemed to have been granted as of the date of signature of the plat by the Chairperson of the Planning Board.[4]
E.Â
Public improvements. All public improvements shall
be installed and dedicated prior to the signing of the subdivision
plat by the Chairperson of the Planning Board. The Planning Board,
in its discretion, may waive such requirements and require instead
that prior to signing of the subdivision plat by the Chairperson of
the Planning Board, adequate security shall be posted in an amount
established by the Planning Board based upon the recommendation of
the Village Engineer, which security shall be submitted by the applicant
at the time of application for subdivision plat approval.
F.Â
Vested rights. No vested rights shall accrue to any
plat by reason of preliminary or final approval until the actual signing
of the plat by the Chairperson of the Planning Board; and all requirements,
conditions or regulations adopted by the Planning Board applicable
to the subdivision or to all subdivisions generally shall be deemed
a condition for any subdivision prior to the time of the signing of
the subdivision plat by the Chairperson. Where the installation of
improvements prior to signing of the subdivision plat is required,
the Planning Board shall not unreasonably modify the conditions set
forth in the final approval.
A.Â
Submission and review of proposed subdivision plat.
Subsequent to the resolution of the Planning Board approving the final
plat, five paper copies of the construction plans, and one copy of
the original of the proposed subdivision plat on Mylar, two copies
of the proposed subdivision plat on sepia paper and five copies of
the subdivision plat on paper shall be submitted to the Clerk for
final review, accompanied by a narrative identifying changes made
in accordance with Board approval. A check payable to the Rockland
County Clerk in the amount of the current filing fee shall be provided.
No final approval shall be endorsed on the subdivision plat until
a review has indicated that all requirements of the resolution have
been met.
B.Â
Signing of plat.
(1)Â
When installation of improvements is required. The
Chairperson shall endorse approval on the subdivision plat after all
conditions of the resolution and these regulations have been satisfied
and all improvements satisfactorily completed. There shall be written
evidence that the required public facilities have been installed in
a manner satisfactory to the Village as shown by a report signed by
the Village Engineer and any other affected governmental entity and
report of the Village Attorney that the necessary dedication of public
lands and improvements has been accomplished.
(2)Â
When security is required. The Chairperson shall endorse
approval on the subdivision plat after adequate security has been
approved by the Village Board and all the conditions of the resolution
pertaining to the final plat and these regulations have been satisfied.
(3)Â
Security. The applicant shall furnish adequate security,
if required, in a form satisfactory to the Village Attorney and in
an amount established by the Planning Board upon recommendation of
the Village Engineer. Such security shall run to the benefit of the
Village of Montebello and shall include a provision that the principal
of the security shall comply with all of the terms of the resolution
of final plat approval as determined by the Planning Board, and shall
include, but not be limited to, the performance of all required subdivision
and off-site improvements, and that all improvements and land included
in the irrevocable offer of dedication shall be dedicated to the Village
of Montebello free and clear of all liens and encumbrances on said
premises.
(4)Â
Offers of dedication.
(a)Â
The applicant shall furnish all formal irrevocable
offers of dedication to the public of all streets, municipal uses,
utilities, parks and easements, in a form approved by the Village
Attorney; and the subdivision plat shall be marked with a notation
indicating said formal offers of dedication as follows:
"The owner, or his representative, hereby irrevocably
offers for dedication to the Village of Montebello or other governmental
entity, all the streets, municipal uses, easements, parks and required
utilities shown in the within subdivision plat and construction plans
in accordance with an irrevocable offer of dedication dated ____________,
and recorded in the Rockland County Clerk's office.
| ||
By:
|
| |
Owner or Representative
| ||
Date"
|
(b)Â
The applicant shall deliver a deed to all such
lands in proper form for recording, together with a title policy in
favor of the Village of Montebello in a form approved by the Village
Attorney, in a sum not less than $10,000, which sum shall be determined
by the Village Attorney before signing of the subdivision plat.
(5)Â
An applicant who proposes to convey land to the Village
of Montebello for any reason whatsoever shall be required to post
security for a period of at least five years guaranteeing the payment
by the applicant of any and all taxes due on such parcel of land until
the deed has been fully accepted by the Village Board of the Village
of Montebello or the governing body of any other affected governmental
entity.
(6)Â
Other approvals and permits. Prior to signature by
the Chairperson, all necessary permits or approvals from other agencies
shall have been obtained, including, but not limited to: New York
State Department of Transportation road opening permit, Rockland County
Health Department, Rockland County Drainage Agency, New York State
Thruway Authority, New York State Department of Environmental Conservation,
U.S. Army Corps of Engineers, Rockland County Sewer District No. 1,
Palisades Interstate Park Commission, Rockland County Soil and Water
Conservation District, adjoining municipalities.
C.Â
Zoning regulations. Every plat shall conform to existing
zoning regulations and subdivision regulations applicable at the time
of final approval.
D.Â
Filing of plat.
(1)Â
If all of the requirements of these regulations have
been met, the Chairperson will sign the Mylar original of the subdivision
plat and two sepia prints of the subdivision plat. The sepia prints
will be returned to the applicant's engineer.
(2)Â
It shall be the responsibility of the Clerk of the
Planning Board to file the subdivision plat with the Rockland County
Clerk's office on or after the date of signature. Simultaneously with
the filing of the subdivision plat, the Clerk shall record any agreements
of dedication together with such legal documents as shall be required
to be recorded by the Village Attorney; provided, however, that any
such documents relating to a conveyance of public improvements to
any governmental entity, including the Village of Montebello, may
be held in escrow and not recorded until such improvements have been
completed to the satisfaction of the governmental entity to which
they are to be conveyed.
The Planning Board may, in its sole judgement,
determine whether a proposed amendment to a filed plat endorsed by
the Chairman shall be subject to preliminary and final approval, final
approval or waiver of specific requirements of the subdivision regulations
prior to Planning Board approval; which determination shall be based
on the effect the proposed amendment will have on the lots subject
to the amendment, adjoining lots, the neighborhood or the Village
at large. Lots created prior to the initial adoption of zoning regulations
by the Town of Ramapo are eligible for this procedure.