A.
Full compliance with the provisions of §§ 276
and 277 of the Town Law, §§ 1115 through 1118 (former
§ 89) of the Public Health Law, where applicable, and these
regulations concerning the preparation of a subdivider's sketch plan,
preliminary subdivision plat (including street profiles and vicinity
map) and final subdivision plat are necessary for the information
of the Board and of the public at public hearings as provided in this
article. Due care in the preparation of the maps and other information
called for will expedite the process of obtaining the Board's decision
concerning the subdivision.
B.
When any subdivision of land is proposed to be made
and to avoid violation of § 334 of the Real Property Law,
before any contract for the sale of land or any offer to sell such
subdivision or any part thereof is made, or any grading, clearing,
construction or other improvement is undertaken herein, the subdivider
shall apply to the Board for approval.
A.
Any owner of land shall, prior to submitting an application for subdivision or resubdivision of land, submit to the Chairman of the Planning Board, by the 10th of the month in which it is to be considered, six copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article V, § 176-22, for the purpose of classification and preliminary discussion.
B.
The subdivider, or his duly authorized representative,
shall attend the meeting of the Planning Board to discuss the requirements
of these regulations for street improvements, drainage, sewerage,
water supply, fire protection and similar aspects, as well as the
availability of existing services and other pertinent information.
C.
At this meeting, the Planning Board will classify
the sketch plan into one of the two categories as defined herein:
minor subdivision or major subdivision.
D.
The Planning Board shall determine whether the sketch
plan meets the purposes of these regulations and shall, where it deems
necessary, make specific suggestions in writing to be incorporated
by the applicant in his subsequent submission.
The Planning Board may require, where it deems
it necessary for the protection of the public health, safety and welfare,
that a minor subdivision comply with all or some of the requirements
specified for major subdivisions.
A.
Application and fee.
(1)
Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a subdivision plat. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in Article V, § 176-23A.
(2)
All applications for plat approval for minor subdivisions
shall be accompanied by an application review fee in the amount set
by resolution of the Town Board in the Fee Schedule,[1] payable by check to the Town of Ossining, stating the
specific purpose of the fee.
[Amended 9-11-2007 by L.L. No. 8-2007]
B.
Number of copies. Six copies of the subdivision plat
shall be presented to the Chairman of the Planning Board by the 10th
of the month in which it is to be considered.
C.
Subdivider to attend Planning Board meeting. The subdivider,
or his duly authorized representative, shall attend the meeting of
the Planning Board to discuss the subdivision plat.
D.
When officially submitted. The time of submission of the subdivision plat shall be as defined in Article II, Definitions.
E.
Public hearing. A public hearing shall be held by
the Planning Board within 62 days from the time of submission of the
subdivision plat for approval. Notice of said hearing and of the substance
of the application shall be given by publication in the official newspaper
of the Town at least 10 days before the date of such hearing. In addition
to such published notice, the Planning Board shall cause such notice
to be mailed at least 10 days before the hearing to all owners of
property which lies within 500 feet of any lot line of the property
for which the subdivision is sought and to such other persons as the
Planning Board may deem advisable.
[Amended 4-11-1995 by L.L. No. 2-1995; 12-15-2015 by L.L. No. 5-2015]
(1)
The names of said owners shall be taken as they appear
on the last completed tax roll of the Town.
(2)
Provided that due notice shall have been published
as above provided and that there shall have been substantial compliance
with the remaining provisions of this subsection, the failure to give
notice in exact conformance herewith shall not be deemed to invalidate
action taken by the Planning Board in connection with the granting
of approval of a subdivision.
F.
Action on subdivision plat. The Planning Board shall,
within 62 days from the date of the public hearing, approve, modify
and approve or disapprove the subdivision plat. The Board shall specify
in writing its reasons for any such disapproval.
[Amended 4-11-1995 by L.L. No. 2-1995]
G.
Duration of conditional approval of subdivision plat.
Conditional approval of the subdivision plat shall expire 180 days
after the date of the adoption of the resolution granting such approval
unless all of the conditions required to be fulfilled prior to the
signing of the plat by the Planning Board Chairman have been fulfilled.
The Planning Board may extend said time in which a conditionally approved
plat must be submitted for signature by not more than two additional
periods of 90 days each if, in the Planning Board's opinion, such
extension is warranted by the particular circumstances involved.
[Added 4-11-1995 by L.L. No. 2-1995]
H.
Expiration of approval. The signature of the Planning
Board Chairman constituting final approval by the Planning Board of
a subdivision plat as herein provided shall expire 62 days from the
date of such endorsement unless, within such sixty-two-day period,
such plat has been duly filed in the Office of the Westchester County
Clerk, Division of Land Records.
[Added 4-11-1995 by L.L. No. 2-1995]
A.
Application and fee.
(1)
Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the consideration of a preliminary plat of the proposed subdivision in the form described in Article V, § 176-24, using the approved application blank available from the Chairman of the Planning Board. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 276 and 277 of the Town Law and Article V § 176-24, of these regulations.
(2)
The application for conditional approval of the preliminary
plat shall be accompanied by an application review fee in the amount
set by resolution of the Town Board in the Fee Schedule,[1] payable by check to the Town of Ossining, stating the
specific purpose of the fee.
[Amended 9-11-2007 by L.L. No. 8-2007]
B.
Number of copies. Six copies of the preliminary plat
and six copies of the vicinity map shall be presented to the Chairman
of the Planning Board by the 10th of the month in which it is to be
considered.
C.
Subdivider to attend Planning Board meeting. The subdivider,
or his duly authorized representative, shall attend the meeting of
the Planning Board to discuss the preliminary plat.
D.
Study of preliminary plat. The Planning Board shall
study the practicability of the preliminary plat, taking into consideration
the requirements of the community and the best use of the land being
subdivided. Particular attention shall be given to the arrangement,
location and width of streets, their relation to the topography of
the land, water supply, sewage disposal, drainage, lot sizes and arrangement,
the future development of adjoining lands as yet unsubdivided and
the requirements of the Comprehensive Development Plan, the Official
Map and Zoning Regulations,[2] if such exists.
E.
When officially submitted. The time of submission of the preliminary plat shall be as defined in Article II, Definitions.
F.
Public hearing. A public hearing shall be held by
the Planning Board within 62 days from the time of submission of the
preliminary plat for approval. Notice of said hearing and of the substance
of the application shall be given by publication in the official newspaper
of the Town at least 10 days before the date of such hearing. In addition
to such published notice, the Planning Board shall cause such notice
to be mailed at least 10 days before the hearing to all owners of
property which lies within 500 feet of any lot line of the property
for which the subdivision is sought and to such other persons as the
Planning Board may deem advisable.
[Amended 4-11-1995 by L.L. No. 2-1995; 12-15-2015 by L.L. No. 5-2015]
(1)
The names of said owners shall be taken as they appear
on the last completed tax roll of the Town.
(2)
Provided that due notice shall have been published
as above provided and that there shall have been substantial compliance
with the remaining provisions of this subsection, the failure to give
notice in exact conformance herewith shall not be deemed to invalidate
action taken by the Planning Board in connection with the granting
of approval of a subdivision.
G.
Conditional approval of the preliminary plat.
(1)
Within 62 days after formal submission of a preliminary
plat, the Planning Board shall take action to conditionally approve,
with or without modifications, or disapprove such preliminary plat,
and the ground of any modification required or the grounds for disapproval
shall be stated upon the records of the Planning Board.
[Amended 4-11-1995 by L.L. No. 2-1995]
(2)
When granting conditional approval to a preliminary
plat, the Planning Board shall state the conditions of such approval,
if any, with respect to the specific changes which it will require
in the preliminary 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,
morals and general welfare; and the amount of improvement or the amount
of all bonds therefor which it will require as prerequisite to the
approval of the subdivision plat. The action of the Planning Board,
plus any conditions attached thereto, shall be noted on three copies
of the preliminary plat. One copy shall be returned to the subdivider,
one retained by the Planning Board and one forwarded to the Town Board.
(3)
Conditional approval of a preliminary plat shall not
constitute approval of the subdivision plat, but rather it shall be
deemed an expression of approval of the design submitted on the preliminary
plat as a guide to the preparation of the plat, which will be submitted
for approval of the Planning Board and for recording upon fulfillment
of the requirements of these regulations and the conditions of the
conditional approval, if any. Prior to approval of the subdivision
plat, the Planning Board may require additional changes as a result
of further study of the subdivision in final form or as a result of
new information obtained at the public hearing.
A.
Application for approval and fee.
(1)
The subdivider shall, within six months after the date of the adoption of the resolution granting conditional approval of the preliminary plat, file with the Planning Board an application for approval of the final subdivision plat in the form described in Article V, § 176-25, using the approved application blank available from the Chairman of the Planning Board. If the final plat is not submitted to the Planning Board within six months after the date of the adoption of the resolution granting conditional approval of the preliminary plat, the Planning Board may refuse without prejudice to act on the final plat and require resubmission of the preliminary plat.
[Amended 4-11-1995 by L.L. No. 2-1995]
(2)
All applications for plat approval for major subdivisions
shall be accompanied by an application review fee in the amount set
by resolution of the Town Board in the Fee Schedule,[1] payable by check to the Town of Ossining, specifying the
purpose of the fee.
[Amended 9-11-2007 by L.L. No. 8-2007]
B.
Number of copies. A subdivider intending to submit
a proposed subdivision plat for the approval of the Planning Board
shall provide the Chairman of the Board, by the 10th of the month
in which it is to be officially submitted, with a copy of the application
and three copies (one copy in ink on linen) of the plat, the original
and one true copy of all offers of cession, covenants and agreements,
and two prints of all construction drawings.
C.
When officially submitted. The time of submission of the subdivision plat shall be as defined in Article II, Definitions. In addition, if the applicant elects to construct any or all required improvements [as specified in Article III, § 176-8A(2), herein], the Town Engineer must file a certificate with the Planning Board stating that these improvements have been satisfactorily installed before the subdivision plat shall be considered officially submitted.
D.
Endorsement of state and county agencies. Water and
sewer facility proposals contained in the subdivision plat shall be
properly endorsed and approved by the Westchester County Department
of Health. Applications for approval of plans for sewer or water facilities
will be filed by the subdivider with all necessary Town, county and
state agencies. Endorsement and approval by the Westchester County
Department of Health shall be secured by the subdivider before official
submission of final subdivision plat.
E.
Public hearing. A public hearing shall be held by the Planning Board within 62 days after the time of submission of the subdivision plat for approval; provided, however, that if the Planning Board deems the subdivision plat to be in substantial agreement with the preliminary plat approved under § 176-6G of this article and modified in accordance with the requirements of such approval, if such preliminary plat was approved with modification, the Planning Board may waive the requirement for this public hearing. Notice of said hearing and of the substance of the application shall be given by publication in the official newspaper of the Town at least 10 days before the date of such hearing. In addition to such published notice, the Planning Board shall cause such notice to be mailed at least 10 days before the hearing to all owners of property which lies within 500 feet of any lot line of the property for which the subdivision is sought and to such other persons as the Planning Board may deem advisable.
[Amended 4-11-1995 by L.L. No. 2-1995; 12-15-2015 by L.L. No. 5-2015]
(1)
The names of said owners shall be taken as they appear
on the last completed tax roll of the Town.
(2)
Provided that due notice shall have been published
as above provided and that there shall have been substantial compliance
with the remaining provisions of this subsection, the failure to give
notice in exact conformance herewith shall not be deemed to invalidate
action taken by the Planning Board in connection with the granting
of approval of a subdivision.
F.
Action on proposed subdivision plat. The Planning Board shall, within 62 days from the date of the public hearing on the subdivision plat, approve, modify and approve or disapprove the subdivision plat. However, if approved, the subdivision plat shall not be signed by the authorized officers of the Planning Board for recording until the subdivider has complied with the provisions of § 176-9A of this article.
[Amended 4-11-1995 by L.L. No. 2-1995]
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) following:
(1)
In an amount set by the Planning Board, the subdivider shall either file with the Town Clerk a certified check to cover the full cost of the required improvements shown on the entire plat, regardless if the plat is divided into one or more sections as provided for in § 176-9B, or the subdivider shall file with the Town Clerk a performance bond to cover the full cost of required improvements. Any such bond shall comply with the requirements of § 277 of the Town Law and shall be satisfactory to the Town Board, Town Engineer and Town Superintendent of Highways as to form, sufficiency, manner of execution and surety. A period of 18 months (or such other period as the Planning Board may determine appropriate, not to exceed three years) shall be set forth in the bond, within which time required improvements must be completed. The certified check or bond shall include an amount required for recreation land or improvements as specified in Article IV, § 176-20.
(2)
The subdivider shall complete all required improvements
to the satisfaction of the Town Engineer and the Town Superintendent
of Highways, 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 so completed, the subdivider shall
file with the Town Clerk a bond or certified check covering the costs
of such improvements and the cost of satisfactorily installing any
improvement not approved by the Town Engineer. Any such bond shall
be satisfactory to the Town Board, Town Engineer and Town Superintendent
of Highways as to form, sufficiency, manner of execution and surety.
B.
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 Town Engineer and Town
Superintendent of Highways that unforeseen conditions make it necessary
or preferable to modify the location or design of such required improvements,
the Town Engineer and Town Superintendent of Highways may, upon approval
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 Town
Engineer and Town Superintendent of Highways 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.
C.
Inspection of improvements. At least five days prior
to commencing construction of required improvements, the subdivider
shall pay to the Town Clerk an inspection fee equal to 3% of the actual
cost of the proposed improvements as estimated by the Town Engineer
and Town Superintendent of Highways or the actual cost of the inspection,
whichever is less, payable by check to the Town of Ossining, specifying
the purpose of the fee. The subdivider shall notify the Town Board
in writing of the time when he proposes to commence construction of
such improvements so that the Town Board may cause inspection to be
made to assure that all Town specifications and requirements shall
be met during the construction of required improvements and to assure
the satisfactory completion of improvements and utilities required
by the Planning Board.
D.
Proper installation of improvements. If the Town Engineer
and Town Superintendent of Highways 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 Town Board, Building Inspector and Planning
Board. The Board then shall notify the subdivider and, if necessary,
the bonding company, and take all necessary steps to preserve the
Town's rights under the bond. No plat shall be approved by the Planning
Board as long as the subdivider is in default on a previously approved
plat.
A.
Final approval and filing.
[Amended 4-11-1995 by L.L. No. 2-1995]
(1)
Conditional approval of a final plat shall expire 180 days after the date of the adoption of the resolution granting such approval unless all of the conditions required to be fulfilled prior to the signing of the final plat by the Planning Board Chairman have been fulfilled and unless all of the requirements in §§ 176-7 and 176-8 above have been certified as completed. The Planning Board may extend said time in which a conditionally approved final plat must be submitted for signature by not more than two additional periods of 90 days each if, in the Planning Board's opinion, such extension is warranted by the particular circumstances involved.
(2)
Upon completion of the conditions and requirements
specified immediately above and the notation to that effect upon the
subdivision plat, it shall be deemed to have final approval and shall
be properly signed by the Planning Board Chairman and may be filed
by the applicant in the Office of the County Clerk, Division of Land
Records. Any subdivision plat not so filed or recorded within 62 days
of the date upon which such plat is endorsed shall become null and
void.
B.
Filing of sections of subdivision. At the time the
Planning Board grants plat approval, it may permit the plat to be
divided into two or more sections subject to any conditions the Board
deems necessary in order to ensure the orderly development of the
plat. In accordance with § 276 of the Town Law, the applicant
may file a section of the approved plat with the County Clerk if said
section constitutes at least 10% of the total number of lots contained
in the approved plat. In these circumstances, plat approval on the
remaining sections of the plat shall remain in effect until the expiration
of the exemption period in accordance with provisions of § 265-a
of the Town Law. When a plat is filed by section with the County Clerk,
the applicant shall, within 30 days, file with the Town Clerk the
entire approved plat.
C.
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.
A.
The approval by the Planning Board of a subdivision
plat shall not be deemed to constitute or be evidence of any acceptance
by the Town of any street, easement or other open space shown on such
subdivision plat.
B.
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 Town 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 Town Board covering future deed and
title, dedication and provision for the cost of grading, development,
equipment and maintenance of any such recreation area.
C.
The applicant shall be required to maintain all improvements
and provide for snow removal on streets and sidewalks until acceptance
of said improvements by the Town Board. The applicant shall file a
maintenance bond, as required by the Town highway specifications,
with the Town Board, prior to dedication, in an amount considered
adequate by the Town Engineer and Town Superintendent of Highways
and in a form satisfactory to the Town Attorney, in order to assure
the satisfactory condition of the required improvements for a period
of one year after the date of their acceptance by the Town Board.
In accordance with the Town Board authorization contained in § 200-31 of the Zoning Ordinance, the Planning Board may, upon application of the property owner or upon the Planning Board's own motion, modify applicable zoning provisions simultaneously with the approval of a subdivision plat in order to promote the purposes and intent of that section. Any such action shall be taken within the limitations imposed by § 281 of the Town Law and § 200-31 of the Zoning Ordinance, as well as in compliance with the following rules and regulations:
A.
Procedure. In the case of a property owner applying for modifications pursuant to this section, both conventional subdivision and cluster development sketch plans shall be presented to the Planning Board, instead of just the conventional subdivision sketch plan described in § 176-4 of these regulations. In the case of modifications of applicable zoning provisions required on the Planning Board's own motion, said Board shall notify the applicant in writing of the specific modifications which will be required. Such notification shall occur either prior to the time of conditional approval of the preliminary plat described in § 176-6G of these regulations. The required modifications shall then become a mandatory condition which must be complied with as a part of the final plat application.
B.
Determinations. Prior to the Planning Board determining whether and to what extent any modifications of the otherwise applicable provisions of the Zoning Ordinance shall be required of an applicant who has not requested such modifications, said Board shall determine that the modifications would benefit the Town by satisfying one or more of the purposes set forth in § 200-31A of the Zoning Ordinance, and that the modifications are necessary to satisfactorily achieve one or more of the following specific objectives:
(1)
The preservation of a unique or significant natural
feature of the site, including but not limited to a vegetative feature,
wildlife habitat, surface water supply, underground aquifer, endangered
species, rock formation, etc.
(2)
The protection of a unique or significant feature
of the man-made environment of the site, including but not limited
to a building, structure or artifact of architectural, historical
or archaeological value.
(3)
The preservation of any unique or significant aesthetic
feature of the site, including but not limited to a community vista,
ridgeline, etc.
(4)
The protection of any other unique or significant
feature of the site which the Planning Board determines to be important
for recreation, education, open space or similar purposes.
C.
Modifications. Where the Planning Board on its own motion has required a zoning modification not requested by the property owner, the degree of such required modification shall be the minimum necessary to properly accomplish the objective or objectives associated with the criteria set forth in Subsection B above.
D.
Public hearing. In addition to compliance with the
special requirements and procedures for cluster development, such
development shall also be subject to review and public hearing by
the Planning Board in accordance with the procedures otherwise applicable
to conventional subdivision plats.
E.
Filing requirements. Upon the filing of a cluster
development plat in the Office of the Westchester County Clerk, a
copy shall also be filed with the Town Clerk, who shall make appropriate
notations and references thereto on the official copy of the Town
Zoning Map.
[Added 12-15-2015 by L.L.
No. 5-2015]
A.
Every applicant that submits an application for a proposed subdivision
to the Planning Board must post one or more notification signs on
the property which is the subject of said application within three
days of acceptance of the application by the Planning Board and must
maintain the posted sign(s) place until the Planning Board has rendered
its final decision approving or denying said application. The sign(s)
shall be erected not more than 10 feet from each boundary of the property
that abuts a public road and must be conspicuous to the public. The
bottom edge of each sign so erected shall be positioned no less than
14 inches and no more than 36 inches above the ground. In the event
that the subject property abuts more than one road, additional signs
will be posted facing each road on which the property abuts. If the
sign's visibility is obscured by vegetation, the applicant must
cut the vegetation to a degree sufficient to maintain clear visibility
of the sign from the road. If the property does not abut a public
road, one or more signs shall be posted in Town-approved locations
that can readily be seen by the public. Any sign erected under this
provision must be removed within 10 days after the Planning Board
has rendered its final decision approving or denying said application.
B.
In the event that an application shall be withdrawn or become inactive,
the applicant shall remove the sign(s) within five business days of
withdrawing the application or of receiving notice from the Planning
Board that the application has been designated inactive. For the purposes
of this section, any application which has not appeared on the Planning
Board's agenda for six or more months shall be designated inactive.
The Planning Board shall notify the applicant in writing that the
application has become inactive and instruct the applicant to remove
the sign(s) until such time as the application shall be reactivated.
Once the application is reactivated, the sign(s) shall be posted within
three days.
C.
The Town of Ossining will supply the sign(s), and the initial cost
will be included in the application fee. The applicant will be responsible
for maintaining said sign(s) in good condition so as to be visible
to and readable by the public. The applicant shall be responsible
for replacing any sign(s) that is(are) damaged, destroyed, lost or
stolen during the pendency of the application. A replacement fee will
be charged for each sign that needs to be replaced. The amount of
said replacement fee shall be determined from time to time by the
Town Building Inspector.
D.
Prior to the commencement of any public hearings or, if no public
hearings are required, prior to the rendering of any decision disposing
of any application, the applicant shall submit a sworn certification
on a form provided by the Town, together with legible photographic
evidence, to verify the placement and maintenance of the required
sign(s). If the certification is not timely submitted, any scheduled
public hearings shall be canceled, subject to rescheduling, and any
dispositive action by the Planning Board shall be deferred until timely
certification is submitted. In the event of repeated or continued
noncompliance with these sign posting and certification requirements,
the application may be dismissed at the discretion of the Planning
Board.
