Village of Montebello, NY Article II Subdivision Application Procedure and Approval Process

§ 163-10 General procedure.

[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. 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. 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.

§ 163-11 Approval of preliminary plat.

A. Application procedure and requirements.

(1) 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) 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) 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) 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.

(d) Be accompanied by a minimum of 24 copies of the preliminary plat as described in Article V, § 163-31. Where necessary, additional copies shall be provided.

(e) Be accompanied by a minimum of 10 copies of construction plans as described in Article V, § 163-32.

(f) Be accompanied by a full environmental assessment form per 6 NYCRR Part 617.

(g) 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) Be accompanied by a letter not more than 30 days old from the Building Inspector identifying any outstanding violations.

(i) Be accompanied by a narrative summary and an identification of environmental and planning issues, as well as a description of the proposal.

(j) 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) 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) 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) 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) 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) 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) 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) 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) 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) 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) 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) All materials required by § 163-11A(1);

(c) All fees, including reimbursement for professional review by consultants to the Village, have been paid in full.

B. Public hearing on preliminary plat.

(1) 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) 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) 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. 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) 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) 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. 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.

§ 163-12 Approval of final plat.

A. Application procedure.

(1) 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) 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) Include a map of that portion of the property for which final approval is sought.

(c) Be accompanied by a minimum of 24 copies of the subdivision plat, and 10 copies of the construction plans, described in Article V, §§ 163-33 and 163-32, respectively, of these regulations. Where necessary, additional copies may be required for referrals.

(d) Comply in all respects with the preliminary plat, as approved.

(e) 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) 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) 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) 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) 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) 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) 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) 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) No application shall be deemed complete unless the following items have been obtained and submitted to the Clerk of the Planning Board:

(a) All items required pursuant to preliminary approval pursuant to § 163-11.

[Amended 1-21-2004 by L.L. No. 1-2004]

(b) All materials required by § 163-12A(1).

(c) Approval by the Village Board, by resolution, of any reservation of lands for parks, playgrounds, or recreation pursuant to § 163-11C.

(d) All fees, including reimbursement for professional review by consultants to the Village, have been made in full.

(e) All items necessary to meet the requirements of 6 NYCRR Part 617.

(6) 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) 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. 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. 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. 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]

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

E. 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. 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.

G. Final resolution. The resolution granting final approval need not restate the requirements of these regulations. Such requirements shall be deemed incorporated in such resolution by reference.[5]

[5] Editor's Note: Former Subsection H, Model homes, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 163-13 Subdivision plat.

A. 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. Signing of plat.

(1) 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) 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) 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) Offers of dedication.

(a) 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) 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) 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) 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. Zoning regulations. Every plat shall conform to existing zoning regulations and subdivision regulations applicable at the time of final approval.

D. Filing of plat.

(1) 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) 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.

§ 163-14 Amendment to a filed plat.

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.