Village of Piermont, NY Article II Procedure

§ 174-3 Approval required.

Whenever any subdivision of land is proposed, and before any contract for the sale or any offer with respect to any part thereof, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdivider or his duly authorized agent shall apply in writing for approval of such proposed subdivision in accordance with the following procedures.

§ 174-4 Sketch, pre-preliminary and preliminary subdivision plat.

A. Submission of proposed sketch subdivision plat. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Clerk to the Planning Board at least 35 days prior to a regularly scheduled meeting of the Planning Board, at which meeting the proposed subdivider wishes to present a proposed sketch plat, 18 copies of the proposed sketch plat of the subdivision, which shall basically comply with the requirements of § 174-18 of the Code of the Village of Piermont (“the Piermont Code”) and with §§ 7-728 and 7-730 of the Village Law of the State of New York, along with all required fees as per a schedule adopted by resolution of the Board of Trustees.[1] Notice of the Planning Board meeting of its sketch plat review shall be mailed via first class mail to abutting property owners, and owners within 200 feet of any boundary of the subdivision, at least 14 days prior to such meeting.

[1] See Ch. 102, Fees.

B. Discussion. The subdivider or his duly authorized representative shall attend the sketch plat review meeting of the Planning Board to discuss the requirements of the regulations set forth in Chapter 174 of the Piermont Code, including, but not limited to, street improvements, drainage, run-off, flooding, soil erosion and sediment control both during construction and after completion of all improvements, magnitude and extent of excavation, grading and/or fill, potential adverse impacts upon existing topography and/or terrain, potential deleterious effects upon existing viewscapes and vistas of natural features in the area, preservation and/or planting of trees, vegetation and/or landscaping, disposal of sewage, water supply, installation of utilities, emergency vehicle access, as well as the availability of existing services and other pertinent information.

C. Study of proposal. The Planning Board shall study the practicability of the proposed sketch subdivision plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to those considerations mentioned in the preceding § 174-4B of the Piermont Code, and to the arrangement, location and width of streets; their relation to the topography of the land; lot sizes and arrangement; the future development of adjoining lands as yet unsubdivided; and the recommendations of the Master/Comprehensive Plan, and the Local Waterfront Revitalization Plan; and the requirements of the Official Map and applicable New York State land use, planning and zoning laws.

D. Comments by the Planning Board. The Planning Board shall, within 40 days of the sketch plat review meeting, or of any mutually agreed upon continuances of such meeting, make specific recommendations and comments, and communicate its concerns, in writing, which shall be incorporated and/or addressed by the subdivider into any subsequent application for pre-preliminary subdivision review. The Planning Board shall state any specific changes which it will require in any prospective pre-preliminary subdivision plat; the character and extent of the required improvements for which waivers may have been requested and which, in its opinion, may be waived without jeopardy to the public health, safety and general welfare; and the amount of improvements or the amount of all performance bonds therefor which it will require as a prerequisite to the final approval, if any, of the subdivision plat. If a proposed pre-preliminary subdivision plat is not submitted within six months after the Planning Board’s issuance of its sketch plat review written comments, the Planning Board may require resubmission of the sketch plat.

E. Submission of proposed pre-preliminary subdivision plat. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Clerk to the Planning Board, at least 35 days prior to a regularly scheduled meeting of the Planning Board, at which meeting the proposed subdivider wishes to present a proposed pre-preliminary plat, 18 copies of the proposed pre-preliminary plat of the subdivision, which pre-preliminary plat shall fully incorporate and/or address the Planning Board’s sketch plat review written comments, and basically comply with the requirements of § 174-18 and § 174-19 of the Piermont Code and with §§ 7-728 and 7-730 of the Village Law of the State of New York, along with all required fees as per a schedule adopted by resolution of the Board of Trustees.[2] Notice of the Planning Board meeting of its pre-preliminary plat review shall be mailed via first class mail to abutting property owners, and owners within 200 feet of any boundary of the subdivision, at least 14 days prior to such meeting.

[2] See Ch. 102, Fees.

F. Discussion. The subdivider or his duly authorized representative shall attend the pre-preliminary plat review meeting of the Planning Board to discuss the requirements of the regulations set forth in Chapter 174 of the Piermont Code, with particular attention being given to the land use, zoning and planning considerations mentioned in Piermont Code § 174-4B and C.

G. Study of proposal. The Planning Board shall study the practicability of the proposed pre-preliminary subdivision plat, taking into consideration the requirements of the regulations set forth in Chapter 174 of the Piermont Code, with particular attention being given to the land use, zoning and planning considerations mentioned in Piermont Code § 174-4B and C.

H. Comments by the Planning Board. The Planning Board shall, within 40 days of the pre-preliminary plat review meeting, or of any mutually agreed upon continuances of such meeting, make specific recommendations and comments, and communicate its concerns, in writing, which shall be incorporated and/or addressed by the subdivider into any subsequent application for preliminary plat approval. The Planning Board shall state any specific changes which it will require in any prospective preliminary subdivision plat; the character and extent of the required improvements for which waivers may have been requested and which, in its opinion, may be waived without jeopardy to the public health, safety and general welfare; and the amount of improvements or the amount of all performance bonds therefor which it will require as a prerequisite to the final approval, if any, of the subdivision plat. If a proposed preliminary subdivision plat is not submitted within six months after the Planning Board’s issuance of its pre-preliminary review written comments, the Planning Board may require resubmission of the pre-preliminary plat.

I. Submission of proposed preliminary subdivision plat. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Clerk to the Planning Board, at least 35 days prior to a regularly scheduled meeting of the Planning Board, at which meeting the proposed subdivider wishes to present a proposed preliminary plat, 18 copies of the proposed preliminary plat of the subdivision, which preliminary plat shall fully incorporate and/or address all of the Planning Board’s pre-preliminary plat review written comments, and shall strictly comply with the requirements of Piermont Code §§ 174-18 and 174-19 and with §§ 7-728 and 7-730 of the Village Law of the State of New York, along with all required fees as per a schedule adopted by resolution of the Board of Trustees.[3]

[3] See Ch. 102, Fees.

J. Procedure. Except as otherwise prescribed in Chapter 174 of the Piermont Code, the procedure and process of submission, review and approval or disapproval of a proposed preliminary subdivision plat shall be governed by §§ 7-728 and 7-730 of the Village Law of the State of New York; however, the public hearing on the preliminary plat shall be advertised, at least once, in a newspaper of general circulation in the Village, and mailed via first class mail to abutting property owners and owners within 200 feet of any boundary of the subdivision, at least 14 days prior to such hearing. The time period within which the Planning Board must take action on a preliminary plat submission, so as to avoid any default approval, shall not commence or begin to run until the application for the preliminary plat approval is considered complete. An application for preliminary plat approval is not considered complete until:

(1) A full submission in strict compliance with §§ 174-18 and 174-19 of the Piermont Code is presented to the Clerk to the Planning Board;

(2) A negative declaration is determined and filed, or a notice of completion of the draft environmental impact statement (DEIS) has been issued and filed, by the Planning Board, in accordance with the provisions of the State Environmental Quality Review Act (SEQRA); and

(3) All necessary approvals from all other boards, commissions or committees of the Village of Piermont, which exercise any approval authority relating to the proposed subdivision, have been granted.

K. Discussion. The subdivider or his duly authorized representative shall attend the public hearing of the Planning Board for review of the proposed preliminary plat, to discuss the requirements of the regulations set forth in Chapter 174 of the Piermont Code, with particular attention being given to Article III of said Chapter 174, and to the land use, zoning and planning considerations mentioned in Piermont Code § 174-4B and C.

L. Study of proposal. The Planning Board shall study the practicability of the proposed preliminary subdivision plat, taking into consideration the requirements of the regulations set forth in Chapter 174 of the Piermont Code, with particular attention being given to Article III of said Chapter 174, and to the land use, zoning and planning considerations mentioned in Piermont Code § 174-4B and C.

M. Decision by the Planning Board. Except as otherwise prescribed in Chapter 174 of the Piermont Code, the Planning Board shall approve, with or without modifications and/or conditions, or disapprove the proposed preliminary plat, in accordance with the provisions of §§ 7-728 and 7-730 of the Village Law of the State of New York.

§ 174-5 Submission and review of proposed final subdivision plat.

A. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Clerk to the Planning Board, at least 35 days prior to a regularly scheduled meeting of the Planning Board, at which meeting the proposed subdivider wishes to present a proposed final plat, 18 copies of the proposed final plat of the subdivision, which final plat shall fully incorporate and/or address all conditions and/or modifications of the Planning Board’s preliminary plat approval, and shall strictly comply with the requirements of Piermont Code §§ 174-18 and 174-19 and with §§ 7-728 and 7-730 of the Village Law of the State of New York, along with all required fees as per a schedule adopted by resolution of the Board of Trustees.[1]

[1] See Ch. 102, Fees.

B. Procedure. Except as otherwise prescribed in Chapter 174 of the Piermont Code, the procedure and process of submission, review and approval or disapproval of a proposed final subdivision plat shall be governed by §§ 7-728 and 7-730 of the Village Law of the State of New York; however, the public hearing on the final plat shall be advertised, at least once, in a newspaper of general circulation in the Village, and mailed via first class mail to abutting property owners and owners within 200 feet of any boundary of the subdivision, at least 14 days prior to such hearing. The time period within which the Planning Board must take action on a final plat submission, so as to avoid any default approval, shall not commence or begin to run until the application for the final plat approval is considered complete. An application for final plat approval is not considered complete until:

(1) A full submission, fully incorporating and/or addressing all conditions and/or modifications of the Planning Board’s preliminary plat approval, and in strict compliance with §§ 174-18 and 174-19 of the Piermont Code, is presented to the Clerk to the Planning Board, and

(2) All necessary approvals, licenses and/or permits from all federal, state and/or county agencies, departments, authorities, bureaus, offices, boards, commissions or committees, which exercise any approval, licensing or permit authority relating to the proposed subdivision, have been granted and/or issued.

C. Discussion. The subdivider or his duly authorized representative shall attend the public hearing of the Planning Board for review of the proposed final plat, to discuss the requirements of the regulations set forth in Chapter 174 of the Piermont Code, with particular attention being given to Article III of said Chapter 174, and to the land use, zoning and planning considerations mentioned in Piermont Code § 174-4B and C.

D. Study of proposal. The Planning Board shall study the practicability of the proposed final subdivision plat, taking into consideration the requirements of the regulations set forth in Chapter 174 of the Piermont Code, with particular attention being given to Article III of said Chapter 174, and to the land use, zoning and planning considerations mentioned in Piermont Code § 174-4B and C.

E. Decision by the Planning Board. Except as otherwise prescribed in Chapter 174 of the Piermont Code, the Planning Board shall approve, with or without modifications and/or conditions, or disapprove the proposed final plat, in accordance with the provisions of §§ 7-728 and 7-730 of the Village Law of the State of New York.

§ 174-6 Required improvements.

A. Improvements and performance bond. Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1) or (2) below:

(1) The subdivider shall file with the Village Clerk, in an amount set by the Planning Board, either a certified check or a performance bond to cover the full cost of the required improvements. Such bond shall comply with the requirements of § 7-728 of the Village Law. It shall also be satisfactory to the Board of Trustees and the Village Attorney as to form, sufficiency, manner of execution and surety. A period of one year (or other period, not exceeding three years, that the Planning Board deems appropriate) shall be set forth in the bond as the time in which required improvements must be completed.

(2) The subdivider shall complete all required improvements to the satisfaction of the Village Engineer, who shall file with the Planning Board a letter signifying the satisfactory completion of all improvements required by the Board. For any required improvements not completed or not approved by the Village Engineer, the subdivider shall file with the Village Clerk a bond or certified check covering the cost of such improvements. Any such bond shall be satisfactory to the Board of Trustees and the Village Attorney as to form, sufficiency, manner of execution and surety.

B. Completion of improvements. The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Village Engineer and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(2), then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection A(1), such bond shall not be released until such a map is submitted.

C. Modification of design of improvements. If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the Village Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Village Engineer may, upon approval by a previously delegated member of the Planning Board, authorize modifications, provided that these modifications are within the spirit and intent of the Planning Board’s approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the Board. The Village Engineer shall issue any authorization under this section in writing and shall transmit a copy of such authorization to the Planning Board at its next regular meeting.

D. Inspection of improvements. At least five days prior to commencing construction of required improvements, the subdivider shall pay to the Village Clerk the inspection fee required by the Board of Trustees and shall notify said Board in writing as to the time when he proposes to commence construction of such improvements so that the Board may cause inspection to be made to assure that all Planning Board specifications and requirements shall be met during the construction of required improvements and to assure the satisfactory completion of improvements and installation of utilities required by the Planning Board.

E. Proper installation of improvements. If the Village Engineer shall find, upon inspection of the improvements performed before the expiration date of the performance bond, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, he shall so report to the Board of Trustees, Building Inspector and Planning Board. The Board of Trustees then shall notify the subdivider and, if necessary, the bonding company and take all necessary steps to preserve the Village’s rights under the bond. No plat shall be approved by the Planning Board so long as the subdivider is in default on a previously approved plat.

§ 174-7 Filing of approved plat.

A. Final approval and filing. Upon completion of the requirements in §§ 174-5 and 174-6 above and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Planning Board (Chairman or Acting Chairman) and may be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed or recorded within 90 days of the date upon which such plat is approved shall become null and void, unless the particular circumstances of said applicant warrant the Planning Board to grant an extension, which shall not exceed two additional periods of 90 days each.

B. Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made in any subdivision plat after approval has been given by the Planning Board and endorsed in writing on the plat, unless said plat is first resubmitted to the Planning Board and such Board approves any modifications. In the event that any such subdivision plat is recorded without complying with this requirement, the same shall be considered null and void, and the Board shall institute proceedings to have the plat stricken from the records of the County Clerk.

§ 174-8 Public streets and recreation areas.

A. Public acceptance of streets. The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or be evidence of any acceptance by the Village of Piermont of any street, easement or other open space shown on such subdivision plat.

B. Ownership and maintenance of recreation areas. When a park, playground or other recreation area shall have been shown on a plat, the approval of said plat shall not constitute an acceptance by the Village of such area. The Planning Board shall require the plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the Board of Trustees covering future deed and title dedication and provision for the cost of grading, development, equipment and maintenance of any such recreation area.

§ 174-9 Application of Village Law.

In those instances where the Planning Board is empowered to modify applicable provisions of the Zoning Law,[1] in accordance with the provisions of § 7-738 of the Village Law, for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land or to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of open lands, the following shall be the procedure and standards:

A. Request by subdivider. A subdivider may request the use of § 7-728 simultaneously with or subsequent to presentation of the preliminary plan as per the procedure described in this article. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plat review.

B. Park, recreation, open space or other municipal purposes. If the application of this procedure results in a plat showing land available for park, recreation, open space or other municipal purposes directly related to the plat, then conditions as to ownership, use and maintenance of such lands as are necessary to assure the preservation of such lands for their intended purposes shall be set forth by the Planning Board.

C. Plat submission. A preliminary plat, meeting all of the requirements of the resolution, shall be presented to the Planning Board, and thereafter the Planning Board shall proceed with the required public hearings and all other requirements of these regulations.

D. Filing; notation on Zoning Map. On the filing of a plat in the office of the County Clerk of a plat in which § 7-728 has been used, the subdivider shall file a copy with the Village Clerk, who shall make appropriate notations and reference thereto on the Village Zoning Map. The Village Clerk shall notify the Building Inspector when such a plat is filed.

[1] See Ch. 210, Zoning.