[Amended 3-27-1986]
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
basically two steps for a minor subdivision and three steps for a major subdivision,
although a major subdivision procedure may be accomplished in two steps:
A.
Prior discussion of requirements. Before preparing the
sketch plat for a subdivision, the applicant may discuss with the Planning
Board or the Town Engineer 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 proposed subdivision with
the County Health Department, which must eventually approve any subdivision
plat coming within its jurisdiction.
B.
Application procedure and requirements. Prior to subdividing
or resubdividing land, an owner of land or his representative shall file an
application for approval of a sketch plat. This application shall:
(1)
Be made on forms available at the office of the Secretary
of the Planning Board.
(2)
Include all contiguous holdings of the owner, including land in the same ownership, as defined in Chapter 215, Zoning, 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 to the present owner as recorded in the Rockland County Clerk's office. The affidavit shall advise the legal owner of the property, the contract owner of the property, the date 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.
[Amended 3-27-1986]
(4)
Be presented to the Secretary of the Planning Board at
least three weeks prior to a regular Board meeting.
[Amended 5-9-1995 by L.L.
No. 2-1995]
(6)
Be accompanied by a certification from the Building Inspector
that he has searched his records as they relate to the property which is the
subject of the application, and that, as of the date of said certification,
no uncured violations have been found in such records. Said certification
must be dated not more than thirty (30) days prior to the date the application
for sketch plat approval is filed with the Clerk to the Planning Board. The
Building Inspector may charge a fee for providing such certification in accordance
with the Town's Schedule of Fees.[2]
[Added 4-9-2003 by L.L. No. 6-2003]
C.
Planning Board meeting; discussion of requirements and
classification.
(1)
The applicant should then be prepared to attend the next
regular meeting of the Planning Board to discuss the sketch plat. At its meeting
with the subdivider, the Planning Board shall review the objectives of these
regulations and the requirements for street improvements, drainage, sewerage,
water supply, fire protection, street trees and similar aspects, as well as
the availability of existing services and other pertinent information.
(2)
Classification of the sketch layout is to be made at this time by the Planning Board as to whether it is a minor or major subdivision, as defined in these regulations. If classified as a minor subdivision, the applicant, following tentative approval of the sketch layout, may proceed directly to the filing of application for approval of a subdivision plat, as provided in Article III, § 191-14. If classified as a major subdivision, the applicant must first file an application for approval of a preliminary plat, as provided in Article III, § 191-13, before filing for subdivision plat approval.
(3)
For the purposes of allowing the early construction of
model homes in a subdivision, the Planning Board may permit a portion of a
major subdivision involving no more than three lots to be treated in accordance
with the procedures for minor subdivisions, provided that said portion derives
access from a Town, county or state highway and provided that no future road
or other improvement is anticipated where said lots are proposed. The subdivision
plat for the minor portion shall be submitted to the Planning Board simultaneously
with the preliminary plat for the entire major subdivision.
D.
Study and review of sketch plat.
(1)
The Planning Board will study the sketch plat, 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 Town Board, and the Town Master
Plan, as recommended by the Planning Board and adopted by the Town Board.
[Amended 6-8-1999 by L.L. No. 7-1999]
(2)
Upon receipt of an application for sketch plat approval,
the Planning Board shall, when applicable, refer such application to the Town
Attorney, Town Engineer, Town Planning Consultant, Town Superintendent of
Highways, Town Building Inspector, Town Horticulturist, Commissioners of the
Stony Point Fire District, Rockland County Planning Board, Rockland County
Superintendent of Highways and other appropriate Town or county agencies or
officials for technical advice. Within 30 days after receipt of such application
for sketch approval, a reviewing agency, official or an authorized agent of
such agency or official shall submit a report of its findings with recommendations
to the Planning Board. Such report shall be submitted to the Planning Board
for consideration before the next regular Planning Board meeting. If a reviewing
agency or official does not submit a report within a period of 30 days or
such longer period as may have been agreed upon by it and the Planning Board,
the Planning Board may proceed with its review of the sketch plat without
such report. Pursuant to the General Municipal Law, all subdivisions which
abut or are related to a county road or a county drainageway shall be referred
to the County Planning Board and County Superintendent of Highways.
[Amended 6-9-1992]
E.
Field trip; temporary staking. After the regular Planning
Board meeting at which the subdivision is first discussed, the Board may schedule
a joint field trip to the site of the proposed subdivision, accompanied by
the applicant or his representative. In order to facilitate field inspection
and review of the site of the proposed subdivision, temporary staking along
the center line of all proposed roads in the subdivision will be required
in time for such field trip.
F.
Report on sketch plat and conditional approval. After
reviewing and discussing the sketch plat, the Planning Board will advise the
applicant of the specific changes or additions, 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 conditional approval of the subdivision sketch
plat, but prior to approval of the subdivision plat, the Planning Board may
require additional changes as a result of further study, which study shall
include but not be limited to a report concerning appropriate tree removal
by the Town Horticulturist of the subdivision in final form. Said conditional
approval shall constitute authorization to prepare and submit a preliminary
plat in the case of a major subdivision or a subdivision plat in the case
of a minor subdivision.
[Amended 6-9-1992]
G.
State environmental review. All subdivision applications
will be processed in accordance with the requirements of the State Environmental
Quality Review Act (SEQRA), and appropriate environmental assessment forms
will be required at various approval stages.
[Added 3-27-1986]
A.
Application procedure and requirements. Based upon the
report from the Planning Board, the applicant should file an application for
approval of the preliminary plat. The application shall:
(1)
Be made on forms available at the office of the Secretary
of the Planning Board.
(2)
Include all land which the applicant proposes to subdivide
and all land immediately adjacent extending 100 feet therefrom or of that
directly opposite thereto extending 100 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.
[Amended 3-27-1986]
(5)
Comply in all respects with the sketch plat as tentatively
approved.
(6)
Be presented to the Secretary of the Planning Board at
least three weeks prior to a regular meeting of the Board.
[Amended 5-9-1995 by L.L.
No. 2-1995]
B.
Public hearing.
[Amended 4-26-1994 by L.L.
No. 2-1994; 6-8-1999 by L.L. No. 7-1999]
(1)
The time within which the Planning Board shall hold a
public hearing on the preliminary plat shall be coordinated with any hearings
the Planning Board may schedule pursuant to the State Environmental Quality
Review Act, as follows:
(a)
If such Board determines that the preparation of an environmental
impact statement on the preliminary plat is not required, the public hearing
on such plat shall be held within 62 days after the receipt of a complete
preliminary plat by the Secretary of the Planning Board; or
(b)
If such Board determines that an environmental impact
statement is required, and a public hearing on the draft environmental impact
statement is held, the public hearing on the preliminary plat and the draft
environmental impact statement shall be held jointly within 62 days after
the filing of the notice of completion of such draft environmental impact
statement in accordance with the provisions of the State Environmental Quality
Review Act. If no public hearing is held on the draft environmental impact
statement, the public hearing on the preliminary plat shall be held within
62 days of filing the notice of completion.
(2)
The hearing on the preliminary plat shall be advertised
at least once in a newspaper of general circulation in the Town at least five
days before such hearing if no hearing is held on the draft environmental
impact statement, or 14 days before a hearing held jointly therewith. The
Planning Board may provide that the hearing be further advertised in such
manner as it deems most appropriate for full public consideration of such
preliminary plat. The hearing on the preliminary plat shall be closed upon
motion of the Planning Board within 120 days after it has been opened.
C.
Report on preliminary plat and conditional approval.
After the Planning Board has reviewed the preliminary plat and preliminary
construction plans and discussed them with the applicant, if necessary, a
report will be sent to the applicant, indicating any required changes and
additions. This action shall constitute conditional approval of the preliminary
plat and of the preliminary construction plans. Before the Board approves
a preliminary plat showing park reservation proposed to be dedicated to the
Town, the Board shall obtain approval of the park reservation from the Town
Board.
D.
Performance bond. The Planning Board's action shall also describe the amount of the performance bond to be submitted by the applicant at the time of application for subdivision plat approval (§ 191-14A). The amount of the bond shall be established by the Planning Board based upon the recommendation of the Town Engineer.
E.
Approval and filing of preliminary plat.
[Amended 4-26-1994 by L.L.
No. 2-1994; 6-8-1999 by L.L. No. 7-1999]
(1)
If the Planning Board determines that the preparation
of an environmental impact statement on the preliminary plat is not required
such Board shall make its decision within 62 days after the close of the public
hearing; or
(2)
If the Planning Board determines that an environmental
impact statement is required, and a public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be filed
within 45 days following the close of such public hearing in accordance with
the provisions of the State Environmental Quality Review Act. If no public
hearing is held on the draft environmental impact statement, the final environmental
impact statement shall be filed within 45 days following the close of the
public hearing on the preliminary plat. Within 30 days of the filing of such
final environmental impact statement, the Planning Board shall issue findings
on the final environmental impact statement and make its decision on the preliminary
plat.
(3)
The period within which the Planning Board must take
action on a preliminary plat may be extended upon mutual consent of the owner
and the Planning Board. Within five days of the approval of the preliminary
plat, it shall be certified by the Secretary of the Planning Board as having
been granted preliminary approval, a copy shall be filed in the Town Clerk's
office and a certified copy shall be mailed to the owner. The approval of
a preliminary plat shall be effective for a period of six months. The Planning
Board may, however, extend such approval for an additional six-month period
if requested on forms provided by the Planning Board at least four weeks prior
to the expiration of the original approval.
(4)
At the time of request for approval extension, the applicant
shall submit five revised copies of the preliminary plat, showing any changes
within or adjacent to the holdings covered by the plat, and shall also indicate
whether there has been any final plat approval affecting any part of the applicant's
holdings. If such request is not received, then the approval of the preliminary
plat shall be deemed to have expired. The Planning Board shall notify the
applicant, in writing, when preliminary approval has expired on the action
taken by the Board on the request for an approval extension.
F.
Zoning regulations. Every plat shall conform to existing zoning regulations and subdivision regulations applicable at the time of proposed final approval, except that any plat which has received preliminary approval shall be exempt from any subsequent amendments to Chapter 215, Zoning, rendering the plan nonconforming as to bulk or use, provided that final approval is obtained within the required time. [2]
[Added 3-27-1986]
[2]
Editor's Note: Former Subsection G, Topsoil and excavation permit,
added 3-27-1986, which immediately followed this subsection, was repealed
6-9-1992.
A.
Application procedure. Within six months following the
conditional approval of the sketch plat in the case of a minor subdivision
or of the preliminary plat in the case of a major subdivision, the applicant,
if he wishes to proceed with the subdivision, shall file with the Planning
Board an application for approval of the subdivision plat. The application
shall:
(1)
Be made on forms available at the office of the Secretary
of the Planning Board.
(2)
Include the entire subdivision, or a section thereof,
which derives access from a street improved to Town standards or for which
street a bond covering such improvement is held by the Town.
(4)
Comply in all respects with the sketch plat or preliminary
plat as tentatively approved, whichever is applicable, depending upon the
classification of the subdivision.
(5)
Be presented to the Secretary of the Planning Board at
least three 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.
The date of the regular meeting of the Board following the filing of an application
for approval of a subdivision plat shall constitute the official submittal
date of the plat for the purpose of these regulations.
[Amended 5-9-1995 by L.L.
No. 2-1995]
(6)
Be accompanied by all formal offers of cession to the
public of all streets, utilities, parks and easements, in a form approved
by the Town Attorney, or in the alternative, the subdivision plat may be marked
with a notation indicating said formal offers of cession as follows:
|
"The owner, or his representative, hereby irrevocably offers for dedication
to the Town of Stony Point all the streets, easements, parks and required
utilities shown on the within subdivision plat and construction plans.
| |||
|
By:_____________________________________"
Owner or Representative
Date
| |||
|
The Planning Board may require, with regard to parks, that the applicant
deliver a deed to such park, in proper form for recording, together with a
title policy for the Town of Stony Point, at the time of final application.
| |||
(7)
Be accompanied by the performance bond, if required,
in a form satisfactory to the Town Attorney and in an amount established by
the Planning Board upon recommendation of the Town Engineer.
(8)
Be accompanied by stamped envelopes addressed to each
of the owners of property abutting or across the street from the subdivision.
An affidavit shall be submitted by the applicant declaring that the names
and addresses of the property owners are correct as within the knowledge of
the applicant or as shown on the latest tax assessment roll.
(9)
Be accompanied by an inspection fee in an amount to be determined on the basis of the provisions of § 191-17A and by assurances from the public utilities companies and improvement districts that necessary utilities will be installed, and the applicant shall submit a statement, in writing, that he will cause to be created or extended any improvement district, as required by the Planning Board pursuant to §§ 191-18 and 191-25 of these regulations.
(11)
Be accompanied by a certification from the Building Inspector
that he has searched his records as they relate to the property which is the
subject of the application, and that, as of the date of said certification,
no uncured violations have been found in such records. Said certification
must be dated not more than 30 days prior to the date the application for
final plat approval is filed with the Clerk to the Planning Board. The Building
Inspector may charge a fee for providing such certification in accordance
with the Town's Schedule of Fees.[2]
[Added 4-9-2003 by L.L. No. 6-2003]
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 being submitted to the Planning
Board. The plat should be in final form before submission to the County Health
Department for approval. All major subdivisions, with or without sewers, and
minor subdivisions with individual septic systems shall require County Health
Department approval.
[Amend 5-31-1990]
C.
Approval of final plats.
[Amended 4-26-1994 by L.L.
No. 2-1994]
(1)
Upon receipt of an application for final plat approval,
the Planning Board shall determine whether the final plat is in substantial
agreement with an approved preliminary plat.
(a)
When a final plat is deemed to be in substantial agreement
with a preliminary plat approved by the Board, the Planning Board shall take
action on such plat, within 62 days of its receipt by the Secretary of the
Planning Board. The Planning Board may, at its discretion, hold a hearing
on a final plat which it has determined to be in substantial agreement with
an approved preliminary plat, particularly where the arrangement of the subdivision
will affect adjacent properties.
(b)
[3]When a final plat is submitted which the Planning Board deems is
not in substantial agreement with an approved preliminary plat, the following
shall apply. The time within which the Planning Board shall hold a public
hearing on such final plat shall be coordinated with any hearings the planning
board may schedule pursuant to the State Environmental Quality Review Act,
as follows:
[1]
If such Board determines that the preparation of an environmental
impact statement is not required, the public hearing on a final plat not in
substantial agreement with a preliminary plat, or on a final plat when no
preliminary plat is required to be submitted, shall be held within 62 days
after the receipt of a complete final plat by the Secretary of the Planning
Board; or
[2]
If such Board determines that an environmental impact
statement is required, and a public hearing on the draft environmental impact
statement is held, the public hearing on the final plat and the draft environmental
impact statement shall be held jointly within 62 days after the filing of
the notice of completion of such draft environmental impact statement in accordance
with the provisions of the State Environmental Quality Review Act. If no public
hearing is held on the draft environmental impact statement, the public hearing
on the final plat shall be held within 62 days following filing of the notice
of completion.
(c)
Final plats when no preliminary plat is required to be
submitted. When no preliminary plat is required to be submitted, a final plat
shall not be considered complete until a negative declaration has been filed
or until a notice of completion of the draft environmental impact statement
has been filed in accordance with the provisions of the State Environmental
Quality Review Act. The time periods for review of such plat shall begin upon
filing of such negative declaration or such notice of completion.[4]
(2)
Notwithstanding the foregoing provisions of this section,
the period within which the Planning Board must take action on a final plat
or the period within which a public hearing must be held on a final plat may
be extended by mutual consent of the owner and the Board.
D.
Public hearing and resolution of approval or disapproval
of final plats. The hearing on the final plat shall be advertised at least
once in a newspaper of general circulation in the Town at least five days
before such hearing if no hearing is held on the draft environmental impact
statement, or 14 days before a hearing held jointly therewith. The Planning
Board may provide that the hearing be further advertised in such manner as
it deems most appropriate for full public consideration of such final plat.
The hearing on the final plat shall be closed upon motion of the Planning
Board within 120 days after it has been opened.
[Amended 4-26-1994 by L.L.
No. 2-1994[5]]
(1)
If such Board determines that the preparation of an environmental
impact statement on the final plat is not required, 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 after the date of the public hearing; or
(2)
If such Board determines that an environmental impact
statement is required, and a public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be filed
within 45 days following the close of such public hearing in accordance with
the provisions of the State Environmental Quality Review Act. If no public
hearing is held on the draft environmental impact statement, the final environmental
impact statement shall be filed within 45 days following the close of the
public hearing on the final plat. Within 30 days of the filing of the final
environmental impact statement, the Planning Board shall issue findings on
such final environmental impact statement and shall, by resolution, conditionally
approve, with or without modification, disapprove, or grant final approval
and authorize the signing of such plat.
E.
Revision of final subdivision plat. Based upon the above-noted
resolution, the applicant shall have a final subdivision plat revised. This
may require correcting and completing the preliminary plat in final form or
redrawing a new map. The final subdivision plat should be exactly the same
as the approved preliminary plat, except for any changes required by the Board.
The preliminary construction plan shall also be completed in final form as
required by the Board.
F.
Review of final subdivision plat. After completion of
the final subdivision plat and construction plans in accordance with the Board's
resolution, three copies of each shall be submitted to the Board's Secretary
for final review. No final approval shall be endorsed on the plat until a
review has indicated that all requirements of the resolution have been met.
A.
Signing of plat.
(1)
When a bond is required: The Chairman of the Planning
Board shall endorse approval on the plat after the bond has been approved
by the Town Board and all the conditions of the resolution pertaining to the
plat have been satisfied.
(2)
When no bond is required: The Chairman of the Planning
Board shall endorse approval on the plat after all conditions of the resolution
have been satisfied and all improvements satisfactorily completed.
(3)
Number of copies to be signed. The Chairman will sign
the tracing cloth original of the subdivision plat, which will be returned
to the applicant, and two prints of the subdivision plat, one of which will
be retained by the Board and one by the Town Engineer.
B.
Plat void if revised after signature. No changes, erasures,
modifications or revisions shall be made in any subdivision plat after approval
has been given by the Board and endorsed, in writing, 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 proceedings
to have said plat stricken from the records of the County Clerk. Any erasures
made on a plat prior to its signing shall be initialed by the Chairman or
Vice Chairman at the time of the signing.
C.
Filing plat with County Clerk. In accordance with the
Town Law, the plat shall be filed within 62 days of the date of approval or
such approval shall expire. In accordance with the Town Law, the County Clerk
shall notify the Planning Board, in writing, within three days of the filing
of the plat, identifying such plat by its title, date of filing, book and
map page and map number.
[Amended 3-27-1986; 6-8-1999
by L.L. No. 7-1999]
D.
Submission of copies of filed maps. The applicant shall
submit four 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.
