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 or her authorized agent
shall apply for and secure approval of such proposed subdivision in
accordance with the following procedure, which includes basically
two steps:
A.
Discussion of requirements. Before preparing the preliminary
layout, the applicant may discuss with the Planning Board or its representative
the requirements as to general layout of streets and for reservations
of land, street improvements, drainage, sewerage, water, fire protection
and similar matters, as well as the availability of existing services.
The applicant should also discuss the preliminary layout with the
County Health Department, which must eventually approve any subdivision
plat coming within its jurisdiction.
B.
Application procedure. Prior to filing application
for the approval of a subdivision plat, the applicant shall file application
for approval of a preliminary layout. The application shall:
(1)
Be made on forms available at the office of the Village
Clerk.
(2)
Include all land which the applicant proposes to subdivide.
(4)
Be presented to the Chairperson of the Planning Board.
(5)
Be accompanied by a fee as set forth in the village
schedule of fees.[1] If the applicant subsequently elects not to file an application
for approval of a subdivision plat, 1/2 the fee shall be returned.
[Amended 1-18-1994 by L.L. No. 2-1994; 8-11-1997 by L.L. No.
4-1997]
(6)
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Article I of Chapter 197 and Article IX of Chapter 245 shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article IX of Chapter 245. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 197 and Article IX of Chapter 245.
[Added 3-19-2007 by L.L. No. 4-2007]
C.
Applicant to attend Planning Board meeting. The applicant
should then be prepared to attend the next regular meeting of the
Planning Board to discuss the preliminary layout.
D.
Study of layout. The Planning Board will study the
preliminary layout, taking into consideration the requirements of
the subdivision regulations and the best use of the land being subdivided.
Particular attention will be given to the arrangement, location and
width of streets, their relation to the topography of the land, sewage
disposal, drainage, lot sizes and arrangement, the future development
of adjoining lands as yet unsubdivided, and the requirements of the
Official Map as it may be adopted by the Board of Trustees, and the
Village Master Plan, as it may be adopted by the Planning Board.
E.
Proposed roads to be staked. To permit the Planning
Board to check the proposed subdivision street layout, all roads shall
be staked along their center line every 50 feet, and each stake shall
be marked.
F.
A public hearing shall be held as provided for in
Village Law § 7-728.
[Amended 8-11-1997 by L.L. No. 4-1997]
G.
Required changes for tentative approval. After discussion
of the preliminary layout, the Planning Board will advise the applicant,
in writing, of the specific changes, if any, it will require in the
layout and the character and extent of required improvements and reservations
which it will require as a prerequisite to the approval of the subdivision
plat. This shall constitute tentative approval of the preliminary
layout, but prior to approval of the subdivision plat, the Planning
Board may require additional changes as a result of further study
of the subdivision final form.
A.
Application procedure. Within six months of the tentative
approval of the preliminary layout, the applicant, if he or she wishes
to proceed with the subdivision, shall file with the Planning Board
an application for approval of a subdivision plat. The application
shall:
(1)
Be made on forms available at the office of the Village
Clerk.
(2)
Include the entire subdivision, or a section thereof,
which derives access from a street improved to village standards,
or for which street a bond covering such improvement is held by the
village.
(3)
Be accompanied by a minimum of three copies of the subdivision plat and the construction plans, as described in § 210-23 of these regulations.
(4)
Comply in all respects with the preliminary layout
as tentatively approved.
(5)
Be presented to the Chairperson of the Planning Board
at least two weeks prior to a regular meeting of the Board in order
that a public hearing may be scheduled and the required five days'
notice given.
(6)
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Article I of Chapter 197 and Article IX of Chapter 245 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 IX of Chapter 245. The approved final subdivision plat shall be consistent with the provisions of Chapter 197 and Article IX of Chapter 245.
[Added 3-19-2007 by L.L. No. 4-2007]
B.
Endorsement of County Health Department. The proposed
subdivision plat shall be properly endorsed by the County Health Department,
as required by the County Sanitary Code, before any public hearing
is scheduled. The plat should be in final form before submission to
the County Health Department for approval.
C.
Public hearing. Before the Planning Board acts on
any subdivision plat it will hold a public hearing thereon in accordance
with the Village Law. The applicant shall display prominently on his
or her property for one week preceding the date of public hearing
at least one sign two feet by three feet in size, and carrying a legend
prescribed by the Village Planning Board announcing the public hearing.
The sign shall be in full public view from the street and not more
than 30 feet therefrom.
D.
Action on subdivision plat. The Planning Board will,
in accordance with the Village Law, approve, modify and approve or
disapprove the plat. If the plat is disapproved, the reasons for such
action shall be stated on the records of the Planning Board and a
copy of such reasons will be sent to the applicant. If the plat is
approved, it shall not be signed by the appropriate officers of the
Planning Board until the applicant has met all the conditions of the
action granting approval of such plat.
[Amended 8-11-1997 by L.L. No. 4-1997]
E.
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made in any subdivision plat after
approval has been indicated by signature on the plat. In the event
that any subdivision plat, when recorded, contains any such changes,
the plat shall be considered null and void, and the Board shall institute
legal proceedings to have said plat stricken from the records of the
County Clerk.
F.
Signing of plat.
(1)
The appropriate officers to sign an approved subdivision
plat shall be the Chairperson and the Secretary. In the absence of
the Chairperson, the acting Chairperson shall be authorized to sign
in his or her place.
(2)
Every subdivision plat submitted to the Board for
its approval shall carry the following endorsement:
Approved by resolution of the Planning Board
of the Village of Haverstraw, New York, on the ______ day of ____________,
19__, subject to all requirements and conditions of said resolution.
Any change, erasure, modification or revision of this plat, as approved,
shall void this approval.
|
Signed this _____day of ________, 19__
| ||
---|---|---|
Chairperson
| ||
Secretary
|
(3)
The Chairperson or Vice Chairperson and Secretary
will sign the Mylar original of the plat (which will be returned to
the applicant) and one print of the plat (which will be retained by
the Board).
[Amended 8-11-1997 by L.L. No. 4-1997]
A.
Improvements and performance bond.
(1)
Following an action by the Planning Board approving
a subdivision plat, and before the plat is signed by the appropriate
officers of the Planning Board, the applicant shall be required to
complete, in accordance with the Planning Board's decision and to
the satisfaction of the Village Engineer or any other official authorized
by law to act, all the street, sanitary and other improvements specified
in the action approving said plat, or, as an alternative, to file
with the Board of Trustees a bond estimated by the Planning Board
as sufficient to secure to the village the satisfactory construction
and installation of the uncompleted portion of the required improvements.
Such performance bond shall comply with the requirements of § 7-730
of the Village Law, and shall be satisfactory to the Village Attorney
as to form, sufficiency and manner of execution.
[Amended 8-11-1997 by L.L. No. 4-1997]
(2)
A period of one year, or such other period as the
Planning Board may determine appropriate within which required improvements
must be completed, but not to exceed three years, shall be specified
by the Planning Board and expressed in the bond. The bond shall provide
that an amount determined adequate by the Planning Board shall be
retained for a period of one year after the date of completion of
the required improvements to assure their satisfactory condition.
All required improvements shall be made by the applicant at his or
her expense, without reimbursement by the village.
[Amended 8-11-1997 by L.L. No. 4-1997]
(3)
Waiver of required improvements. The Planning Board
may waive, for such period as it may determine, the provision of any
or all such improvements as, in its judgment, are not necessary in
the interests of the public health, safety and general welfare. In
the case of each waiver granted, the Planning Board shall enter upon
its records the reason or reasons why the particular improvement is
not necessary, and it shall attach appropriate conditions or require
such guaranties as may be necessary to protect the public interest.
B.
Inspection of improvements.
(1)
The Village Engineer or other duly designated official
shall inspect required improvements during construction to assure
their satisfactory completion, and the Planning Board shall require
a certificate from such official stating that all required improvements
have been satisfactorily completed. The applicant shall pay to the
village an inspection fee as set forth in the village schedule of
fees,[1] and the subdivision plat shall not be signed by the Chairperson
and the Secretary of the Planning Board until such fee has been paid.
[Amended 1-18-1994 by L.L. No. 2-1994; 8-11-1997 by L.L. No.
4-1997]
(2)
If the Village Engineer finds, upon inspection, that
any of the required improvements have not been constructed in accordance
with the approved plans, the applicant shall be responsible for completing
said improvements according to specifications. Failure of the Village
Engineer or other duly designated official to carry out inspections
of required improvements during construction will not in any way relieve
the applicant or the bonding company of their responsibilities.
C.
Utilities. Where utilities required by the Planning
Board are to be installed by a public utility company, the Planning
Board in its discretion may accept assurance from the public utility
company, in writing, that such installations will be furnished by
the company within a specified period of time and in accordance with
the approved construction plans.
D.
Monuments. Permanent monuments of a type satisfactory
to the Village Engineer shall be set at such block corners, angle
points, points of curves in streets and other points as the Village
Engineer may require, and their location shall be shown on the subdivision
plat.
E.
Future status of streets, parks and easements; offers
of cession and releases.
(1)
The applicant may add as part of the plat, if he or
she so desires, a notation to the effect that no offer of dedication
of certain or all of the streets and parks shown on the plat is made
to the public. Formal offer of cession to the public of all streets
and parks not marked with such notation on the plat shall be filed
with the Planning Board prior to approval of the plat by the Planning
Board. Acceptance of any such offer shall rest with the Village Board
of Trustees. In the event that the applicant shall elect not to file
the plat in the office of the County Clerk within the sixty-two-day
period required by law, then such formal offer of cession shall be
deemed to be void.
[Amended 8-11-1997 by L.L. No. 4-1997]
(2)
Documents to be submitted to the Planning Board.
(a)
There shall be submitted to the Planning Board
prior to the approval of the plat:
[1]
Copies of agreements or other documents providing
for the suitable maintenance of all streets and parks not offered
to the public.
[2]
Statements of all rights which exist with respect
to the use of such property.
[3]
Agreements permitting entrance by the public
on streets, parks or easements for the purpose of installing required
improvements in the event of nonperformance under the terms of the
bond.
(b)
These agreements or reference to them shall
be noted on the plat.
(3)
The approval by the Planning Board of a subdivision
plat shall not be deemed to constitute or imply the acceptance by
the Board of Trustees of any street, park, playground or other open
space shown on said plat. The Planning Board may require said plat
to be endorsed with appropriate notes to this effect. The Planning
Board may also require the filing of a written agreement by the applicant,
satisfactory to the Board of Trustees, covering future title, dedication
and provision for the cost of grading, development, equipment and
maintenance of any park or playground area.
[Amended 8-11-1997 by L.L. No. 4-1997]
Upon completion of all requirements set forth
in the action approving the subdivision plat, the plat shall be properly
signed by the appropriate officers of the Planning Board and shall
be filed by the applicant in the office of the County Clerk. Any subdivision
plat not so filed within 62 days of the date of Planning Board signature
shall become null and void. The applicant shall submit three copies
of the final plat showing the endorsement of the County Clerk to the
Planning Board's secretary within 30 days of the date of filing.
When a performance bond is posted and where
a permit is desired for occupancy of a building in a subdivision,
prior to the completion of the improvements as required in the Planning
Board's approval of the subdivision plat, the Village Engineer shall
certify, in writing, that the street serving the proposed building
is adequate for vehicular access by the occupant, and by police and
fire equipment, prior to the issuance of an occupancy permit. Where
such permit has been issued, the street shall be maintained in suitable
condition. If it is not so maintained and the situation is not corrected
within 48 hours following written notice from the Village Engineer,
the Village Engineer shall proceed to put the street into suitable
condition, the cost of which work shall be a charge against the subdivider.
The performance bond given by the subdivider shall provide for the
reimbursement of the village for necessary street maintenance expense
incurred under the above-described circumstances.