[Amended 10-13-1982 by L.L. No. 9-1982; 6-9-2004 by L.L. No. 4-2004]
Whenever any subdivision or resubdivision of
land is proposed and before any contract for the sale or any offer
to sell such subdivision or any part thereof is made, the prospective
subdivider or his agent, duly authorized in writing, shall proceed
to secure approval of the proposed subdivision in accordance with
the following phases: initial conference and review, preliminary plat
and subdivision plat. The first phase is a suggested preliminary procedure,
which is recommended to the prospective subdivider to acquaint him
or it with the Board's requirements and to familiarize the Board with
the nature of his proposal, in order to avoid unnecessary expense
due to costly revision of subdivision plats. The second and third
phases are the required review and approval stages which must be followed
by the prospective subdivider in order to obtain formal approval.
However, when a building permit is granted for a single-family dwelling
on a lot that has at least twice the minimum lot area of the underlying
zone, no subdivision application shall be accepted or received by
the Planning Board for that lot or any portion of said lot for five
years after the date of issuance of the building permit.
A.
Phase 1: initial conference and review. The Planning
Board has accumulated a considerable body of information which may
be of material assistance to the prospective subdivider. Therefore,
prospective subdividers may request of the Planning Board at one of
its meetings that an initial conference be held before proceeding
with the preparation of detailed plans, and the Planning Board may
accede to such request.
(1)
Preparation for initial conference. Before the initial
conference, the prospective subdivider or his duly authorized representative
should familiarize himself with these Land Subdivision Regulations,
the Tree Ordinance, the Freshwater Wetlands Ordinance, the Environmental
Quality Review Act, the Flood Hazard Area Ordinance, the Zoning Ordinance
and the Site Plan Ordinance of the Town, where applicable.[1]
(2)
Map recommended for initial conference. To aid in presenting the proposal to the Planning Board, the prospective subdivider or his duly authorized agent shall prepare the map described in § 250-22 herein. This map need not be drawn to any specific scale, but should be large enough to demonstrate clearly to the Planning Board the factors which will influence the design of the subdivision. The prospective subdivider should be prepared to leave three copies of the map with the Planning Board.
(3)
Initial conference. If the prospective subdivider
elects to make a sketch plan submission, he or his duly authorized
representative shall, if so requested, attend a meeting of the Planning
Board to discuss the requirements of these regulations, including
street improvements, traffic control, drainage, sewerage, water supply,
fire protection, location of proposed open space and similar aspects,
as well as the availability of existing services and other pertinent
information.
(4)
Planning Board action. The Planning Board will discuss the prospective subdivider's proposal with him to determine whether the sketch plan meets the purposes of these regulations and all other applicable ordinances and regulations and shall make suggestions either at the time of the initial conference or after further study, where it is considered necessary, for changes in the proposed layout. At this time the Planning Board will outline those items in § 250-23 that are required for preliminary plat review.
B.
Phase II: preliminary plat.
(1)
Application and fee. Prior to filing an application
for the approval of a subdivision plat, the prospective subdivider
shall file an application for approval of a preliminary plat of a
proposed subdivision. Such application shall be made in duplicate
on the application form illustrated in the appendix to these regulations,
copies of which are available from the Department of Community Development
and Conservation, and shall be accompanied by an application fee,
payable to the Town, in accordance with the then applicable fee schedule.
(2)
Number of copies. Sixteen copies of the preliminary
plat and improvement plans shall be presented to the Secretary to
the Planning Board at least 10 days prior to a scheduled Board meeting.
(3)
Temporary staking. In order to facilitate inspection
and review of the site of the proposed subdivision, temporary staking
along the approximate center line of all proposed roads in the proposed
subdivision will be required. Each stake shall be marked so that it
can be located on the preliminary plat and shall show the approximate
height of proposed cut or fill at that point.
(4)
Field trip. After receipt of all required preliminary
plat application material and certification by the Secretary to the
Planning Board that the application is complete, the Planning Board
may schedule a field trip to the site of the proposed subdivision.
The prospective subdivider or his representative may be invited to
attend the field trip.
(5)
Study of plat. The Planning Board shall study the
practicability of the preliminary plat, taking into consideration
the requirements of the community and the best layout of the lands
being subdivided. Particular attention will be given to the arrangement,
location and width of streets, their relation to the topography of
the land, traffic safety, fire protection, snow removal, drainage,
lot sizes and arrangements, water supply, sewage disposal, flood prevention,
proximity and effect on any freshwater wetlands, flood hazard areas,
other environmental considerations, location of easements, location
of proposed open space, the future development of adjoining land as
yet unsubdivided and relation to and effect upon the implementation
of the Town Plan.
(6)
When officially submitted. The official submission
date for the preliminary plat application shall be considered to be
the date of the regular meeting of the Planning Board next following
certification of the Secretary to the Planning Board that the application
is complete; provided, however, that if the application is completed
less than 10 days before a regular meeting of the Planning Board,
it shall be officially submitted on the date of the following regular
meeting of the Planning Board.
(7)
Scheduling of public hearing.
(a)
Upon certification of the completed application
by the Secretary to the Planning Board, the Planning Board shall call
a public hearing to be held within 60 days of the date of the official
submission of the preliminary plat.
(b)
The Secretary to the Planning Board shall submit
notices to the official Town newspaper for publication, shall mail
the notices to abutting property owners and all other agencies required
by law and as directed by the Planning Board and shall file copies
of the preliminary plat and improvement plans for public review at
least five days prior to the public hearing. The Secretary to the
Planning Board shall also mail a copy of the public notice and a copy
of the preliminary plat to the County Planning Board, where notice
to such Board is required by law, and to any other municipality or
agency where notice is required by law.
(8)
Public hearing and resolution approving or disapproving
application.
(a)
The prospective subdivider and/or his duly authorized
representative shall attend the public hearing. At the hearing, the
Planning Board will give an opportunity to any interested person to
examine or comment upon the preliminary plat and improvement plans.
Within 60 days of the public hearing, the Planning Board will, at
a public meeting, approve, with or without modifications, or disapprove
the preliminary subdivision application by resolution, setting forth
in detail any modification to which the approval is subject or reasons
for disapproval pursuant to § 276 of the Town Law.
(b)
A copy of the resolution shall be mailed by
the Secretary to the Planning Board to the prospective subdivider
within five days following the Board's decision. The time within which
the Planning Board must act on the preliminary plat may be extended
by mutual consent, in writing, by the prospective subdivider and the
Board.
(c)
If the Board fails to act on an application
for preliminary plat approval within the 60 days specified above,
the preliminary plat shall be deemed approved, unless such period
is extended by mutual consent, in writing, by the prospective subdivider
and the Board.
(9)
Expiration of approval. Approval of a preliminary
plat application shall expire six months from the date of approval
if no application for final approval is submitted within such period,
except where such time limit is extended by the Planning Board in
writing.
C.
Phase III: subdivision plat.
(1)
Application and fee. Application for subdivision plat
approval shall be filed with the Secretary to the Planning Board.
Such application shall reflect the modifications, if any, required
by the Planning Board at the time of preliminary plat approval and
shall be submitted in duplicate on forms which are available from
the Department of Community Development and Conservation. Such application
shall be accompanied by an application fee, payable to the Town in
accordance with the then applicable fee schedule.
(2)
Number of copies. Sixteen copies each of the subdivision plat and improvement plans, which shall conform to these regulations and all of the items listed in § 250-24, shall be presented to the Secretary to the Planning Board at least 10 days prior to a scheduled Planning Board meeting.
(3)
Official submission date. The official submission
date of the subdivision plat shall be considered to be the date of
the regular meeting of the Planning Board next following certification
of the Secretary to the Planning Board that the application is complete;
provided, however, that if the application is completed less than
10 days before a regular meeting of the Planning Board, it shall be
officially submitted on the date of the following regular meeting
of the Planning Board.
(4)
Authorization to call public hearing.
(a)
Upon receipt of the subdivision plat application,
the Planning Board shall call a public hearing to be held within 45
days of the official submission date. The Planning Board may waive
the public hearing if the subdivision plat is substantially the same
as the preliminary plat as approved by the Planning Board and all
modifications required by the Planning Board have been completed.
(b)
The Planning Board shall by resolution conditionally
approve, conditionally approve with or without modification, disapprove
or grant final approval and authorize the signing of such plat within
45 days of its certification as complete by the Secretary to the Planning
Board if no such hearing is held.
(c)
The Secretary to the Planning Board shall submit
notices to the official Town newspaper for publication, shall mail
the notices to abutting property owners and shall file copies of the
subdivision plat and improvement plans for public review at least
five days prior to public hearing. The Secretary to the Planning Board
shall also mail a copy of the public notice and a copy of the proposed
plat to the County Planning Board, where notice to such Board is required
by law, and to any municipalities and agencies where notice is required
by law.
(5)
Public hearing and resolution approving or disapproving
subdivision plat. The prospective subdivider and/or his representative
shall attend the public hearing. At the hearing, the Planning Board
will give an opportunity to any interested persons to examine or comment
upon the subdivision plat and improvement plans. Within 45 days of
the public hearing, the Planning Board shall approve, conditionally
approve, with or without modifications, or disapprove the subdivision
application, by resolution, which resolution will set forth in detail
any conditions to which the approval is subject or reasons for disapproval,
pursuant to § 276 of the Town Law. A copy of the resolution
shall be mailed by the Secretary to the Planning Board to the prospective
subdivider within five days following the hearing. Failure to act
within the forty-five-day period shall be deemed approval by the Planning
Board, unless such period is extended by mutual consent, in writing,
by the prospective subdivider and the Board.
(6)
Revision of subdivision plat and improvement plans. Based upon the above resolution referred to in § 250-4C(5), the prospective subdivider shall have the subdivision plat revised, if necessary. This may require correcting and completing the plat in final form or redrawing a map. In the latter case, the revised plat must be exactly the same as the conditionally approved plat, except for any changes required by the resolution. The improvement plans must also be revised as required by the resolution.
(7)
Review of subdivision plat and improvement plans. In the case of a subdivision plat approved with conditions or modifications, after completion of the subdivision plat and improvement plans in accordance with the Board's resolution, 16 copies of each shall be submitted to the Planning Board for final review. The improvement plans must be endorsed by the Secretary to the Planning Board as "approved" before the subdivision plat will be signed or any construction work approved. No formal approval shall be endorsed on the plat until a review has indicated that all requirements of the resolution have been met and until the prospective subdivider has complied with all the requirements and § 250-4D of this article.
D.
Conditions for approval of subdivision plat.
(1)
Improvements and performance bond.
(a)
After a subdivision plat receives approval,
it shall not be endorsed by the Secretary to the Planning Board or
any other duly authorized individual until the prospective subdivider
shall, at the sole option of the Board:
[1]
Complete all required improvements as specified
in the Board's approval, § 277 of the Town Law and these
regulations to the satisfaction of the Town Engineer and Commissioner
of the Department of Public Works and all such improvements have been
accepted by the Town Board; or
[2]
Alternatively, file with the Town Board a performance
bond, complying with § 277 of the Town Law, satisfactory
in all respects as to form, sufficiency, manner of execution and surety
to the Town Attorney. Such bond shall be to the Town, equal in value
to 90% of the full cost of all public improvements as estimated by
the Planning Board. The remaining 10% of the estimated cost shall
be deposited in cash or its equivalent, as determined by the Town
Attorney, in escrow with the Town, until all required improvements
shall be accepted by the Town Board. However, the prospective subdivider
shall have the option to deposit with the Town the full cost of public
improvements, as estimated by the Planning Board, in cash or its equivalent,
in form and manner satisfactory to the Town Attorney.
(b)
In the event that the prospective subdivider commences construction of required public improvements as set forth in Subsection D(1)(a)[1] and, after having completed a portion of such improvement, seeks to file a bond with the Town for the remainder of the improvements, the Planning Board shall determine the full cost of all uncompleted improvements. The applicant shall then file with the Town a bond as set forth in Subsection D(1)(a)[2] for all uncompleted improvements. The applicant shall also file with the Town a maintenance bond and/or insurance to cover all eventualities, in an amount considered adequate by the Town Engineer and in a form satisfactory to the Town Attorney, in order to assure the satisfactory condition of the required improvements during construction and until such improvements are accepted by the Town. The applicant shall further file with the Town a sworn statement that there exist no liens or encumbrances upon the completed improvements.
(c)
All performance bonds filed under this section
shall run for a term to be fixed by the Planning Board, but in no
case for a longer term than three years. However, if the improvements
are not completed, the Planning Board may request the applicant to
extend the term of the bond, and, if such bond is not extended, then
the Planning Board may consider the performance bond in default.
(d)
If the prospective subdivider is not constructing
the improvements in accordance with the filed schedule or if the public
improvements are not completed to the satisfaction of the Town Engineer
and the Commissioner of the Department of Public Works and are not
accepted by the Town, the Town may consider the prospective subdivider
in default and may use the 10% in cash or its equivalent, being held
by the Town, to complete such improvements before proceeding against
the bonding company.
(2)
Waiver of required improvements. The Planning Board
may waive, for such period of time as it may determine, the requirements
to provide any or all of such improvements as, in its judgment, are
not necessary in the interests of the public health, safety and general
welfare. In the case of each waiver granted, the Planning Board shall
enter upon its records the reason or reasons why the particular improvement
is not necessary, and it shall attach appropriate conditions or require
such guaranties as may be necessary to protect the public interest.
(3)
Offer of dedication.
(a)
The Planning Board, at the time of approval
of the subdivision plat, shall determine and indicate on the plat
which of the streets, parks or easements should ultimately be dedicated
to the public and conveyed to the Town for public purposes. Such dedication
shall be subject to acceptance or rejection by the Town Board. Before
the plat is endorsed by the Secretary to the Planning Board or any
other duly authorized individual, the applicant shall execute and
deliver to the Town Board the following documents:
[1]
An offer by the prospective subdivider, for
himself, his successors and assigns, to the Town for dedication to
public use, the streets and parks shown on said plat. Such offer of
dedication shall be in form for recording and satisfactory in form
and substance to the Town Attorney. Upon acceptance, the prospective
subdivider shall pay the cost of recording said offer of dedication
and any other resolutions, instruments or conveyances in furtherance
of the acceptance thereof.
[2]
A deed in fee simple absolute, conveying title
to all streets and parks shown on said plat which are to be dedicated
for public use. Such deed shall be in a form satisfactory to the Town
Attorney and shall be held in escrow until accepted by the Town. Upon
acceptance, the prospective subdivider shall pay the cost of recording
said deed of dedication and any other resolutions, instruments or
conveyances in furtherance of the acceptance thereof.
[3]
A deed, in the form for recording and satisfactory
to the Town Attorney, dedicating the easements so determined and indicated
on the plat by the Planning Board to be for public use and dedication.
Upon acceptance, the prospective subdivider shall pay the cost of
recording said deed of dedication and any other resolutions, instruments
or conveyances in furtherance of the acceptance thereof.
[4]
A certificate of title, satisfactory to the
Town Attorney, showing that he has marketable title to the area to
be dedicated.
(b)
While the offer of dedication remains in force
but unaccepted with respect to any street or park, the prospective
subdivider shall not, without the prior consent of the Planning Board,
encumber the offered land or perform any act which would prevent it
from conveying title to said streets and parks to the Town; and, specifically,
no conveyance of any right in and to any streets, other than easement
rights for ingress and egress or for the construction of utility services,
shall be made to any individual or purchaser of property in the subdivision.
No mortgage shall be made by the prospective subdivider subsequent
to the recording of such offer of dedication unless the same shall
be made expressly subject to the rights of the public and the Town
of Greenburgh under such offer of dedication. If there is any mortgage
or any other encumbrance with respect to such premises, such mortgagee
or encumbrancer shall join in the execution thereof or consent to
the subordination of such encumbrances, which subordination shall
also be recorded.
(c)
In the event that any subdivision plat shall
become lawful for filing in the office of the Clerk of the County
of Westchester by reason of the failure of the Planning Board to act
with respect thereto within the time period required by law, then,
and in such event, the Planning Board shall be deemed, for purposes
of the foregoing provisions, to have required that all streets and
parks shown on such plat and all easements of any nature which are
for the benefit of the public, the municipality or more than one plot
of land on said plat, shall be dedicated to the Town. All documents
which are necessary to effectuate such dedication as previously set
forth shall be so executed and delivered, and all requirements of
§§ 276 and 279 of the Town Law and these Subdivision
Regulations must be fully complied with.
(d)
The prospective subdivider shall pay an inspection
fee, equal to 2% of the actual cost of the proposed improvements as
estimated by the Town Engineer and Department of Public Works, payable
by check to the Town, specifying the purpose of the fee.
E.
Approval of subdivision plat.
(1)
Expiration of conditional approval. Conditional approval
of a subdivision plat shall expire within 180 days after the date
of the resolution granting conditional approval, unless all requirements
have been certified as completed. The Planning Board may extend the
time, in writing, in which a conditionally approved plat must be submitted
for signature if, in its opinion, such intention is warranted by the
particular circumstances thereof, but not to exceed two additional
periods of 90 days each.
(2)
Signing of plat. The Secretary to the Planning Board
or Chairman of the Planning Board shall endorse approval on the plat
after all conditions and resolutions pertaining to the plat have been
satisfied. Approval will be endorsed on the tracing cloth original
of the plat (which will be returned to the prospective subdivider),
on a duplicate Mylar tracing and on two prints of the plat (which
will be retained by the Planning Board).
(3)
Plat void if revised after signature. No changes,
erasures, modifications or revisions shall be made to any subdivision
plat after approval has been given by the Board and endorsed in writing
on the plat excepting only the endorsement of the Westchester County
Department of Health or County Clerk's office. In the event that any
subdivision plat, when recorded, contains any such changes, the plat
shall be considered null and void.
(4)
Authorization for filing plat by sections. Prior to
granting its approval, the Planning Board may permit the subdivision
plat to be subdivided into two or more sections and may impose such
conditions upon the filing of such sections as it may deem necessary
to assure the orderly development of the land. The Planning Board
shall determine that no section contains less than 10% of the total
lots in the subdivision or 10% of the total area, whichever is greater.
No section shall be approved for filing prior to approval of the other
section or sections upon which it will depend for street access and
adequate traffic circulation, drainage or fire protection. Approval
of such sections, subject to any conditions imposed by the Planning
Board, shall be granted concurrently with the approval of the subdivision
plat, and the extent of each section and all conditions imposed shall
be shown on the subdivision plat. The Planning Board may deny approval
of any subsequent section if a prior section has not first been satisfactorily
completed.
(5)
Filing of plat with County Clerk. In accordance with
Town Law, the plat shall be filed with the Westchester County Clerk,
Division of Land Records, within 60 days of the date of signing. The
approval of any plat not so filed shall expire 60 days from the date
of endorsement. The Planning Board may extend such sixty-day period
as provided in § 276 of the Town Law, upon written request
by the applicant.
(6)
Submission of copies of filed plat. The applicant
is requested to submit two paper copies of the subdivision plat showing
the endorsement of the County Clerk to the Planning Board within 30
days of the date of filing.
A.
Inspection of improvements. The subdivider shall notify
the Town Engineer, in writing, of the time when he proposes to commence
construction of public improvements so that the Town Engineer 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. A detailed schedule
shall also be submitted to and approved by the Department of Public
Works, setting forth the proposed completion date of each stage of
construction: clearing and grubbing, rough grading, sewers, water
mains, storm drains, curbs, base and binder courses of pavement, paving
top course, streetlights, street trees and survey monumentation. In
addition, the prospective subdivider shall specify the earliest dates
on which each certificate of occupancy will be requested and dates
of fine grading and seeding of lots. If changes in schedule are anticipated,
a new schedule shall be presented in writing, but, until such is accepted,
the former schedule shall pertain. Failure on the part of the prospective
subdivider to construct in accord with the schedule and all specifications
applicable thereto shall justify stoppage of work in connection with
the development by the Department of Public Works until such schedule
is completed to the satisfaction of the Department of Public Works.
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 the
Commissioner of the Department of Public Works that unforeseen conditions
make it necessary or preferable to modify the location or design of
such improvements, the Town Engineer and the Commissioner of the Department
of Public Works may authorize modification, provided that these modifications
are in 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 Planning Board. The Town Engineer
and Commissioner of the Department of Public Works shall issue any
authorization under this subsection, in writing, and shall transmit
a copy of such authorization to the Planning Board.
C.
Proper installation of public improvements. If the
Town Engineer or Commissioner of the Department of Public Works shall
find, upon inspection of the public 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 prospective subdivider, he shall so report
to the Town Board, Building Inspector and Planning Board. The Board
then shall notify the prospective subdivider and, if necessary, the
prospective subdivider's bonding company and take all necessary steps
to preserve the Town's rights under the bond. No further plats shall
be approved by the Planning Board as long as the prospective subdivider
is in default on a previously approved plat.
D.
Completion of public improvements. All public improvements
shall be in a complete and satisfactory condition at the time they
are offered for acceptance. All facilities must be in working order
and shall be subject to such tests as the Department of Public Works
may order. The facilities will not be accepted piecemeal, and all
must be incorporated into and made part of the Town's system of public
facilities.
