Village of New Hempstead, NY Article III Application Procedures

§ 255-10 General procedures.

Whenever any subdivision of land 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. Preparation of sketch plat.

B. Preparation of preliminary plat.

C. Preparation of final plat.

§ 255-11 Sketch plat.

A. Community Development Committee discussion. Prior to the preparation of a sketch plat, the applicant is encouraged to discuss the proposed subdivision with the Community Development Committee to ascertain the existing 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 those aspects of any subdivision plat coming within its jurisdiction.

[Amended 5-22-2017 by L.L. No. 2-2017]

B. 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) Be made on forms available at the office of the Planning Board.

(2) 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 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.

(3) Be accompanied by a minimum of 12 copies of the sketch plat as described in § 255-47 of these regulations.

(4) 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 these regulations.

(5) 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.

C. Community Development Committee review. The Community Development Committee shall consider the sketch plat and shall render a report to the next regular meeting of the Planning Board concerning the sketch plat. The Community Development Committee may transmit the sketch plat, if appropriate, to any appropriate official or agency of the Village or of the Town of Ramapo, adjoining villages of the County of Rockland or any other agency with jurisdiction as it deems necessary.

D. Planning Board review. The Planning Board will study the sketch plat and the report of the Community Development Committee, 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.

E. 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.

F. 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.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 255-12 Preliminary plat.

A. 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 Planning Board Secretary at least two weeks prior to the regular Planning Board meeting at which it will be considered and shall:

(1) Be accompanied by an application fee, payable to the Village of New Hempstead, 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) 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) Be accompanied by a minimum of 12 copies of the preliminary plat as described in § 255-48 of these regulations.

(4) Be accompanied by a minimum of four copies of construction plans as described in § 255-49 of these regulations.

(5) Be accompanied by a completed environmental assessment form or draft environmental impact statement, as required by the Planning Board under the New York State Environmental Quality Review Act (SEQRA).[1]

[1] Editor's Note: See § 8-0101 et seq. of the Environmental Conservation Law.

B. Community Development Committee review. The Community Development Committee shall consider the preliminary plat application and shall render a report to the next regular meeting of the Planning Board. The Community Development Committee may transmit the plat, if appropriate, to any appropriate official or agency of the Village or of the Town of Ramapo, adjoining villages, the County of Rockland or any other agency with jurisdiction.

C. Field trip. The Planning Board may schedule a field inspection of the proposed subdivision, as described in § 255-11E.

D. 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 30 days of the approval of a preliminary plat, the resolution shall be certified by the Village Clerk and a copy filed in the office of the Village Clerk and a certified copy mailed to the applicant.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

E. Public hearing.

(1) 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 § 255-13C(2).

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(2) 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.

F. 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.

§ 255-13 Final plat.

Application for final subdivision plat approval shall be filed with the Planning Board Secretary. 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 Planning Board Secretary.

A. Items to accompany application. Application for final plat approval shall be accompanied by the following:

(1) Twelve copies each of a final subdivision plat and final construction plans conforming to all requirements of §§ 255-50 and 255-51 of these regulations as well as all conditions, if any, of preliminary plat approval.

(2) A final subdivision application fee, payable to the Village of New Hempstead, 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) An affidavit of ownership, which shall include all contiguous holdings of the owner and 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 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.

(4) Where subdivision roads and/or other improvements are involved and where the applicant intends to post a performance bond to cover the cost of such improvements, 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) A list of any and all waivers of the provisions of these regulations which the applicant requests the Planning Board to grant in his specific case, with the reasons therefor.

(6) 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.

B. 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 § 255-13A of these regulations, 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 30 days of such resolution, the plat shall be certified by the Village Clerk as conditionally approved and one copy shall be filed in the Planning Board office and another copy shall be mailed to the applicant by certified mail, including the certified statement of the requirements which, when completed, will authorize the signing of the conditionally approved final plat. Conditional approval of a final plat shall expire within 90 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 if, in the Planning Board's opinion, such extension is warranted by the particular circumstances.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

C. Public hearing.

(1) Within the sixty-two-day period above and before final action, the Planning Board shall hold a public hearing on the final plat.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(2) Public notice.

(a) The Planning Board Secretary shall:

[1] 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] 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.

[3] 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) 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. 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 New Hempstead Village Clerk. The Planning Board may deny approval of any subsequent section if a prior approved section has not first been satisfactorily completed.

E. 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. Any performance bond which is to be posted 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 surety, form, sufficiency and manner of execution of the bond is acceptable to and has been approved by the Board of Trustees.

F. 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.

G. Additional documents and information required. Prior to the endorsement of the Planning Board Chairman on the final subdivision plat, the following additional documents and information shall be submitted by the applicant:

(1) An engineering inspection fee, payable to the Village of New Hempstead, as specified in the Fee Schedule adopted by the Board of Trustees.

(2) 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 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 New Hempstead 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) Where there is no park area shown on the proposed plat, a recreation fee, payable to the Village of New Hempstead, in the amount specified in the Fee Schedule as adopted by the Board of Trustees.

(4) A written agreement, in 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. 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. 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.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]