[Amended 11-9-1988 by L.L. No. 5-1988]
A.Â
Whenever any subdivision of land, other than a minor land exchange
or transfer, is proposed, and before any contract for the sale is
carried out or title to any part thereof is transferred, the subdividing
owner, or his duly authorized agent, shall proceed to secure approval
of the proposed subdivision in accordance with the following steps:
A.Â
Application. Prior to subdividing or resubdividing land, an owner
of land, or his representative, shall file an application for approval
of a sketch plat. The application shall:
(1)Â
Be made on forms available at the office of the Planning Board.
(2)Â
Include all contiguous holdings of the owner, including land in the
same ownership, 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 indicate the name and address of the legal owner of the property,
the name and address of 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, including the
residence address of each such stockholder; if any partnership is
involved, a complete list of all partners, including the residence
address of each; if any other non-natural person is involved, a list
of all persons possessing power to act for such non-natural person,
including the residence address of each such person.
(3)Â
Be accompanied by a minimum of 12 copies of the sketch plat as described
in Appendix A, Section A1, of this chapter.
(4)Â
Include an address and telephone number of an agent located within
the County of Rockland who shall be authorized to receive all notices
required by this chapter.
(5)Â
Be accompanied by a fee as listed in the fee schedule adopted by
the Board of Trustees. Each submission of a new sketch plat shall
be accompanied by a new fee.
B.Â
Planning Board review. The Planning Board will study the sketch plat,
taking into consideration the requirements of this chapter 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 and the further development of adjoining lands as
yet unsubdivided.
C.Â
Field trip; temporary staking. After the regular Planning Board meeting
at which the subdivision is first discussed, the Board may schedule
a 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, or, if impracticable,
the Planning Board shall permit a suitable alternative procedure.
D.Â
Planning Board action. Within 62 days after the receipt of a completed
sketch plat and all accompanying material, the Planning Board shall
approve, with or without modification, or disapprove the sketch plat
application by resolution, which shall set forth any conditions to
which the approval is subject or the reasons for disapproval. The
time in which the Planning Board must take action may be extended
by the consent of the property owner and the Planning Board.[1]
A.Â
Application. Prior to requesting approval of a proposed final subdivision
plat, the applicant shall file an application for approval of a preliminary
plat on forms available from the Planning Board. Such application
shall comply with the modifications, if any, required by the Planning
Board at the time of sketch plat approval and shall be filed with
the Clerk of the Planning Board at least two weeks prior to the regular
Planning Board meeting at which it will be considered and shall:
(1)Â
Be accompanied by an application fee, payable to the Village of Wesley
Hills, in the amount shown in the fee schedule as adopted by the Board
of Trustees. Every subsequent submission of a new preliminary plat
will be considered a new application and shall be accompanied by a
new fee.
(2)Â
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 Village
Clerk's office. Where the Planning Board determines the need,
a larger portion of adjacent lands may be required to be shown.
(3)Â
Be accompanied by a minimum of 12 copies of the preliminary plat
as described in Appendix A, Section A2, of this chapter.
(4)Â
Be accompanied by a minimum of four copies of construction plans
as described in Appendix A, Section A3, of this chapter.
(6)Â
Be accompanied by a stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 181, Stormwater Management, Article I, for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 181, Article I. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 181, Article I.
[Added 5-13-2008 by L.L. No. 1-2008]
B.Â
Field trip. The Planning Board may schedule a field inspection of the proposed subdivision, as described in § 193-11C.
C.Â
Planning Board action. Within 62 days after receipt by the Planning Board of a complete preliminary plat application, determined by the Board to be in full compliance with the requirements of Subsection A, the Planning Board shall, by resolution, approve, with or without modification, or disapprove the preliminary plat, and 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 business days of the adoption of the resolution granting approval of such preliminary plat, such plat shall be certified by the Clerk of the Planning Board as having been granted preliminary approval, and a copy of the plat and resolution shall be filed in such Clerk's office. A copy of the resolution shall be mailed to the owner.[2]
D.Â
Public hearing.
(1)Â
Within the sixty-two-day period above, the Board shall hold a public hearing. Such hearing shall be advertised in the same manner as the subsequent public hearing on the final subdivision plat as specified in § 193-13C(1) of this chapter.[3]
(2)Â
At the time of the public hearing, the applicant shall submit an
affidavit stating that he has notified by certified mail, return receipt
requested, each owner of the property within 500 feet of the perimeter
of the subject property as indicated on the application for subdivision
approval and at least 10 days prior to the public hearing, and that
the applicant has placed four posters provided to him by the Planning
Board on the four closest public roads in visible locations surrounding
the proposed subdivision property.
E.Â
Expiration of approval. Approval of a preliminary plat application
expires if the owner has not submitted a proposed plat in final form
within six months of the date of approval of the preliminary plat.
Application for final subdivision plat approval shall be filed
with the Clerk of the Planning Board. Such application shall comply
with the modifications, if any, required by the Planning Board at
the time of preliminary plat approval and shall be submitted in duplicate
on forms available from the Clerk of the Planning Board.
A.Â
Items to accompany application. Application for final plat approval
shall be accompanied by the following:
(1)Â
Twelve copies each of a final subdivision plat and final construction
plans conforming to all requirements of Appendix A, Sections A4 and
A5, of this chapter, as well as all conditions, if any, of preliminary
plat approval.
(2)Â
A final subdivision application fee, payable to the Village of Wesley
Hills in the amount specified in the fee schedule as adopted by the
Board of Trustees. Every subsequent submission of a new final plat
shall be considered a new application and shall be accompanied by
a new fee.
(3)Â
An affidavit of ownership as required in § 193-11A(2).
(4)Â
Where subdivision roads and/or other improvements are involved, a
statement from the applicant's engineer giving the estimated
cost of construction, together with the quantities and unit costs
used in making the estimate.
(5)Â
A list of any and all waivers of the provisions of this chapter which
the applicant requests the Planning Board to grant in his specific
case, with the reasons therefor.
(6)Â
Stamped envelopes addressed to each of the owners of property within
500 feet of the perimeter of the subdivision. An affidavit shall be
submitted by the applicant declaring that the names and addresses
of the adjacent property owners are correct as within the knowledge
of the applicant as shown on the latest tax assessment roll.
(7)Â
A stormwater pollution prevention plan consistent with the requirements of Chapter 181, Stormwater Management, Article I, 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 Chapter 181, Article I. The approved final subdivision plat shall be consistent with the provisions of Chapter 181, Article I.
[Added 5-13-2008 by L.L. No. 1-2008]
B.Â
Action by Planning Board. Within 62 days after receipt by the Planning Board of a complete final plat application, determined by the Board to be in full compliance with the requirements of Subsection A, the Planning Board shall, by resolution, conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of the plat. The time in which the Planning Board must take action may be extended by mutual consent of the property owner and the Planning Board. Within five business days of the adoption of the resolution granting conditional or final approval of the final plat, such plat shall be certified by the Clerk of the Planning Board as having been granted conditional or final approval, and a copy of such resolution and plat shall be filed in such Clerk's office. A copy of the resolution shall be mailed to the owner. In the case of a conditionally approved plat, such resolution shall include a statement of the requirements which, when completed, will authorize the signing thereof. Upon completion of such requirements, the plat shall be signed by said duly authorized officer of the Planning Board, and a copy of such signed plat shall be filed in the office of the Clerk of the Planning Board or filed with the Village Clerk as determined by the Village Board of Trustees. Conditional approval of a final plat shall expire within 180 days after the date of the resolution granting conditional approval, unless such requirements have been completed. The Planning Board may extend this time period for additional ninety-day periods.[1]
C.Â
Public hearing. Within the sixty-two-day period above and before
final action, the Planning Board shall hold a public hearing on the
final plat.[2]
(1)Â
Public notice.
(a)Â
The Planning Board Secretary shall:
[1]Â
Submit notice to the official Village newspaper for publication and
mail copies of the notice to all adjoining property owners within
500 feet of the perimeter of the property and to the clerk of any
municipality when the land to be subdivided is within 500 feet thereof,
such notice to be published and copies mailed at least 10 days prior
to the public hearing;
[2]Â
File a copy of the subdivision plat and construction plans at the
Village Clerk's office for public review at least five days prior
to the public hearing; and
[3]Â
Submit a copy of the subdivision plat and final construction plans
to the County Planning Board where a proposed road within the subdivision
intersects with a state or county highway or where drainage lines
connect directly into any channel lines established by the county,
such plat and construction plans to be received at least 10 days prior
to the date of the public hearing.
(b)Â
The applicant shall install four posters furnished by the Planning
Board Secretary on the four closest public roads in visible locations
surrounding the proposed subdivision at least 10 days prior to the
public hearing.
D.Â
Filing plat by sections. Prior to granting its approval, the Planning
Board may permit or require the plat to be subdivided into two or
more sections and may impose such conditions upon the delineation
and filing of the sections as it may deem necessary to assure the
orderly development of the plat. Approval of the sections, subject
to any conditions imposed by the Board, shall be granted concurrently
with approval of the plat. If the owner files only a section of an
approved plat within 90 days of the date of approval, such section
shall encompass at least 10% of the total number of lots contained
in the approved plat. Within 30 days of the filing of a section of
an approved plat with the County Clerk, the owner shall file the entire
approved plat with the Wesley Hills Village Clerk. The Planning Board
may deny approval of any subsequent section if a prior approved section
has not first been satisfactorily completed.
E.Â
Action by applicant. Based upon the Planning Board resolution, the applicant shall have the final subdivision plat and construction plans revised, if necessary, in accordance with said resolution and submit 12 copies of such revised maps to the Planning Board Secretary. In the event the applicant elects to construct the subdivision improvements pursuant to § 193-15A in lieu of filing a letter of credit or depositing cash, the final subdivision plat, revised as necessary in accordance with said resolution, shall be submitted by the applicant prior to the beginning of any construction work within the proposed subdivision. Any letter of credit which is to be filed shall be submitted to the Village Attorney. The Village Attorney shall be responsible for determining and certifying to the Planning Board whether or not the form of the letter of credit is acceptable to and has been approved by the Board of Trustees.
[Amended 12-9-1986 by L.L. No. 5-1986]
F.Â
Approval of construction plans. The construction plans, revised as
necessary to meet the requirements of the Planning Board resolution,
shall be endorsed by the Planning Board Chairman or other duly authorized
member of the Planning Board as "approved" prior to the signing of
the plat or the beginning of any construction work within the proposed
subdivision, whichever shall occur sooner.
[Amended 12-9-1986 by L.L. No. 5-1986]
G.Â
Additional documents and information required. Prior to the endorsement
of the Planning Board Chairman on the final subdivision plat or the
beginning of any construction work within the proposed subdivision,
whichever shall occur sooner, the following additional documents and
information shall be submitted by the applicant:
[Amended 12-9-1986 by L.L. No. 5-1986]
(1)Â
An engineering inspection fee, payable to the Village of Wesley Hills,
as specified in the fee schedule adopted by the Board of Trustees.
(2)Â
Where streets or park areas are included within the proposed subdivision,
a formal offer of cession to the Village of all such streets and park
areas, in a form approved by the Village Attorney, except where the
proposed final subdivision plat has a notation to the effect that
no offer of dedication of such street and park areas, or any of them,
is made to the public. The applicant shall deliver a deed to all such
lands in proper form for recording, together with a title policy for
the Village of Wesley Hills in a sum not less than $10,000, which
sum shall be determined by the Village Attorney before signing of
the final subdivision plat.
(3)Â
Where required by the Planning Board, a recreation fee, payable to
the Village of Wesley Hills, in the amount specified in the fee schedule
as adopted by the Board of Trustees.
(4)Â
A written agreement, in a form satisfactory to the Village Attorney,
permitting entry by the Village onto any streets, easements and park
areas for the purposes of inspecting and installing any required improvements
in the event of the failure of the applicant to make such installations
or to properly maintain such installations until such time as the
Village assumes the responsibility for them.
H.Â
Final approval of subdivision plat. The Chairman, or other duly authorized
member of the Planning Board, shall endorse the Board's final
approval on the plat only after all other required conditions of the
resolution of approval, including the payment of all fees, have been
complied with. Said endorsement shall be by signature and date on
the original of the plat (which shall be kept for filing) and on a
print of the plat (which shall be retained in the record files of
the Planning Board).
I.Â
Filing plat with County Clerk. The approved plat shall be filed with
the Rockland County Clerk within 62 days of the date of Planning Board
signing. Simultaneously with the filing of the plat, the Secretary
to the Planning Board shall record the agreement of dedication, together
with such legal documents as shall be required to be recorded by the
Village Attorney.[3]
[Added 11-9-1988 by L.L. No. 5-1988]
B.Â
Minor sketch plat. The applicant shall follow the procedures for sketch plat set forth in § 193-11 hereinabove and shall submit a minor sketch plat drawn by a licensed land surveyor that contains the information set forth in Section A1 of Appendix A hereinbelow as Items a, b (except for existing trees), c, g, i, j and k.
C.Â
Minor final plat. Upon obtaining approval by the Planning Board of
a minor sketch plat, the applicant may proceed to secure approval
of a minor final plat in accordance with the following procedures:
(1)Â
Application. The applicant shall follow the procedures for final plat set forth in § 193-13 hereinabove and shall submit a minor final plat drawn by a licensed land surveyor that contains the information set forth in Section A4 of Appendix A hereinbelow as Items a, b, c, d, e, f, g, h, k, m and n. The Planning Board may require the minor final plat to contain such additional information as it deems necessary in order to evaluate the application.
(2)Â
Public hearing. The Planning Board shall hold a hearing on the proposed minor final plat in accordance with the procedures set forth in § 193-13C hereinabove.
(3)Â
Action by Planning Board. The Planning Board shall take action on the proposed minor final plat after such public hearing and in accordance with the procedures set forth in § 193-13B hereinabove.
(4)Â
Action by applicants. Based upon the Planning Board resolution, the
applicant shall have the minor final plat revised, if necessary, in
accordance with said resolution and shall submit 12 copies of such
revised plat to the Planning Board Secretary.
(5)Â
Lot line disclaimer. Prior to the endorsement of the Planning Board
Chairman on the minor final plat, the applicant shall submit an executed
disclaimer of the former lot line between the affected adjoining lots,
which is to be abandoned, in a form satisfactory to the Village Attorney.
