A. 
General. The Planning Board will consider and act on applications for approval of subdivision plats and will give notice of hearings, meetings and decisions as required by law. The applicant is obligated by law to make certain presentations and adhere to certain time limits. The applicable time limits and notices are summarized in the sections which follow.
B. 
Submissions.
[Amended 7-27-1993 by L.L. No. 3-1993; 3-12-1996; 12-30-1996 by L.L. No. 10-1996; 2-25-2020 by L.L. No. 1-2021]
(1) 
Section 200-4 specifies that all submissions be submitted to the office of the Planning Board.
(2) 
Time of submission. All applications and submission are to be received at the office of the Planning Board in accordance with the annual submission and meeting scheduled as adopted by the Planning Board.
(3) 
Date of submission. The date of submission and receipt by the Planning Board, for the purpose of determining statutory time limits, will be the first regular meeting occurring at least 10 days after a complete application is received at the office of the Planning Board.
(4) 
Exceptions. The Planning Board may, by resolution, accept applications, maps and data received less than specified time periods but such acceptance is considered appropriate only for unusual cases and when premeeting study and review is not needed. Requests for exceptions from plat map requirements (§ 200-3A) may be presented at any time but will more likely have prompt action by the Board if presented in advance for premeeting review.
(5) 
Completeness review. Upon submission, each application shall be reviewed for completeness by the Town Planning Consultant, and a report shall be issued to the Secretary of the Planning Board. The Secretary of the Planning Board shall not forward an application to the Planning Board for review until a report has been received from the Town Planning Consultant that indicates the application contains all information required by these regulations.
C. 
Sketch plan. While no time limits are applicable in the case of Planning Board informal review of a sketch plan under § 200-5, the Board will attempt to expedite a review. An informal submission and sketch plan review are strongly recommended but are not mandatory. The Planning Board will make a field inspection of the tract based on a sketch plan. A well-thought-out sketch plan will enable the Board to provide early informal guidance.
D. 
Time limits and notices. The following time limits and notices are applicable during the course of the plat review and decision process:
(1) 
Preliminary hearing. A hearing on a preliminary application by the Planning Board shall be within 62 days after the date of submission of a complete preliminary plat and application.
[Amended 7-27-1993 by L.L. No. 3-1993; 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
(a) 
Notice to applicant. The Planning Board Secretary shall mail notice of a pending hearing to the applicant at least 13 days in advance of the hearing.
(b) 
Notice to property owners. At least seven days in advance of the hearing, the applicant shall mail notice by certified mail, return receipt requested, to all property owners within 500 feet of the plat (see § 200-8C), using an approved form of notice.
(c) 
The hearing notice shall be advertised at least once in a newspaper of general circulation in the Town, at least five days before such hearing; provided, however, that notice of said hearing shall be published at least 14 days before such hearing where the hearing on the preliminary plat is held jointly with the hearing on an environmental impact statement.
(d) 
Filing. It is the practice of the Planning Board that a copy of the application, maps and plans be on file for public inspection during the notice period.
(2) 
Preliminary decision. The Planning Board approval with or without modifications or disapproval of the plat shall be within 62 days after such hearing.
[Amended 7-27-1993 by L.L. No. 3-1993; 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
(a) 
Records. The Planning Board shall state in its records the grounds for any modifications required or the grounds for disapproval.
(b) 
Extensions. The time in which the Planning Board shall take action after the hearing may be extended by mutual consent of the applicant and the Planning Board.
(c) 
Certification. Within five days of the approval of the preliminary plat, it shall be certified by the Secretary of the Planning Board as granted preliminary approval and:
[1] 
A copy shall be filed in the office of the Planning Board; and
[2] 
A certified copy shall be mailed to the applicant.
(3) 
Final submission. The applicant must submit a complete application for final approval within six months of the date of preliminary approval.
(a) 
Revocation. If the final application is not submitted in six months, approval of the preliminary plat may be revoked by the Planning Board.
(4) 
Final hearing. A hearing on the final application by the Planning Board shall be within 62 days after the date of submission of a complete final plat and application; provided, however, that consistent with Town Law, § 276, the time within which the Planning Board shall hold a public hearing on such final plat shall be coordinated with any hearings the Planning Board may schedule pursuant to the State Environmental Quality Review Act.[1]
[Amended 7-27-1993 by L.L. No. 3-1993; 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
(a) 
Waiver. If the Planning Board deems that the final plat is in substantial agreement with the approved preliminary plat, including required modifications, the required hearing may be waived by the Board. Waiver is not applicable to minor subdivision plats when the preliminary approval stage has been bypassed.
(b) 
Notice to applicant. If a hearing is required, the Board Secretary shall mail notice of a pending hearing to the applicant at least 13 days in advance of the hearing.
(c) 
Notice to property owners. At least seven days in advance of the hearing, the applicant shall mail notice by certified mail, return receipt requested, to all property owners within 500 feet of the plat (see § 200-8C), using an approved form of notice.
(d) 
Signing. Upon completion of conditions, the plat shall be signed by the authorized officer and Secretary; provided, however, that notice of said hearing shall be published at least 14 days before such hearing where the hearing on the final plat is held jointly with the hearing on an environmental impact statement.
(e) 
Filing. It is the practice of the Planning Board that a copy of the application, maps and plans be on file for public inspection during the notice period.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
(5) 
Final decision. The Planning Board conditional approval, conditional approval with or without modifications, disapproval or grant of approval, and signing, of the final plat shall be within 62 days after such hearing or submission, if no hearing is held.
[Amended 7-27-1993 by L.L. No. 3-1993; 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
(a) 
Extension decision. The time in which the Planning Board shall take final action may be extended by mutual consent of the applicant and the Planning Board.
(b) 
Authorized officer. Upon resolution of conditional approval, the Planning Board shall empower a duly authorized officer and the Secretary to sign the plat subject to the completion of requirements of the resolution.
(c) 
Certification. Within five days of the resolution, the plat shall be certified by the Secretary as conditionally approved and:
[1] 
A copy shall be filed in the office of the Planning Board; and
[2] 
A certified copy shall be mailed to the applicant, including a certified statement of the requirements conditional to signing the map.
(d) 
Signing. Upon completion of conditions, the plat shall be signed by the authorized officer and Secretary.
(e) 
Expiration. Conditional approval expires 180 days after the date of the resolution unless the conditions or requirements have been certified as completed.
(f) 
Extension signing. The Planning Board may, by resolution, extend the time in which the conditionally approved plat must be submitted for signature for not to exceed two additional periods of 90 days each.
(6) 
Filing plat. The signature constituting final approval expires 60 days from the date of signing unless the plat has been duly filed or recorded by the applicant in the office of the Westchester County Clerk.
E. 
Failure to act. In the event that the Planning Board fails to act under Subsection D(2) and (5), the following are applicable:
(1) 
Preliminary. The preliminary plat is deemed granted preliminary approval.
(a) 
Certificate. A certificate of the Town Clerk, as to the date of submission and the failure to take action within the prescribed time, shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval.
(2) 
Final. The final plat shall be deemed approved.
(a) 
Certificate. A certificate of the Town Clerk, as to the date of submission and the failure to take action within the prescribed time, shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval.
(3) 
Time limits. For submission of the final plat under Subsection D(3) and for filing or recording the plat under Subsection D(6), time limits are measured from the date of issuance of the certificate by the Town Clerk under Subsection E(1)(a) and (2)(a).
A. 
General. The regulations provide for review and/or approval of plat applications and plans by officials or agencies other than the Planning Board. Referral to other officials or agencies will be made by the Board or the applicant as hereinafter specified.
B. 
Preapplication.
(1) 
It is expected that the applicant, in the preparation of a sketch plan or a preliminary plat, will confer for planning purposes with the appropriate Town, County and state agencies that may have future jurisdiction or counsel with regard to elements such as:
(a) 
Street and drainage connections to state highways and County roads;
(b) 
Protection of conservation resources;
(c) 
Water quality and water resources;
(d) 
Soil conditions and erosion control;
(e) 
Central water supply or sewage disposal systems and;
(f) 
On-site water and sewer systems.
(2) 
Informal review of a sketch plan by the Planning Board (§ 200-5) is recommended.
C. 
Preliminary plat application. When a complete application for preliminary approval is received, the Planning Board, as deemed appropriate in the particular case, will refer the preliminary plat, profiles and reports as follows:
(1) 
To the Town Superintendent of Highways or to his engineer or representative designated by the North Salem Town Board;
(2) 
To the Conservation Advisory Council with regard to natural features of the tract and protection of wetlands and watercourses (§ 200-21);
(3) 
To the Board of Fire Commissioners with regard to fire-protection services, access and fire ponds (§ 200-30);
(4) 
To the Recreation Commission with regard to provision for parks and playgrounds (§ 200-32);
(5) 
To the Town Board and Town Attorney concerning any proposed parks, playgrounds, special easements, water or sewer districts or other features involving future Town Board administrative jurisdiction or legal questions;
(6) 
To the planning consultant for the Board, such as with regard to overall planning of the plat;
(7) 
To the Westchester County Soil and Water Conservation District, such as with regard to cases of severe soil erosion and sedimentation potentials (§ 200-28);
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
(8) 
To the Westchester County Department of Planning under the General Municipal Code; and/or
(9) 
To the Town Consulting Engineer, with regard to overall engineering of the plat.
[Added 3-12-1996; amended 12-30-1996 by L.L. No. 10-1996]
D. 
Prior to final plat application. Prior to submission of the final approval application, the applicant will make the following referrals of appropriate maps and plans:
(1) 
To the Westchester County Department of Health [§ 200-9E(1)] for approval of plans for water supply and sewage disposal, and any approval will be endorsed on the final plat map prior to submission of the final approval application.
(2) 
To the New York State Department of Transportation and/or the Westchester County Highway Department for an application for street or drainage connections to state highways or County roads [§ 200-9E(2)].
(3) 
To the New York State Department of Environmental Conservation for authorization of modification of wetlands, streams and stream beds or land mining [§ 200-9E(3)].
(4) 
To the Town Superintendent of Highways or to his engineer or representative designated by the Town Board for approval of the construction plans for streets and drainage, and any approval will be endorsed on the construction plans prior to submission of the final approval application.
(5) 
To the Town Tax Map Surveyor for approval of the metes and bounds description of the proposed subdivision.
[Added 10-12-1993; amended 12-30-1996 by L.L. No. 10-1996]
(6) 
To the New York City Department of Environmental Protection [§ 200-9E(7)] for approval of plans for sewage disposal.
[Added 3-12-1996; amended 12-30-1996 by L.L. No. 10-1996]
(7) 
To the Town Consulting Engineer, such as with regard to overall engineering of the plat.
[Added 3-12-1996; amended 12-30-1996 by L.L. No. 10-1996]
E. 
Final plat application. When a complete application for final approval is received, the Planning Board, as deemed appropriate, will refer the final plat, profiles, construction program and data as follows:
(1) 
To the Town Board and Town Attorney concerning proposed parks, playgrounds, special easements, water or sewer districts or other features involving Town Board administrative jurisdiction or legal questions.
(2) 
To the planning consultant for the Board, such as with regard to overall planning of the plat.
(3) 
To the United States Department of Agriculture Soil Conservation Service, such as with regard to construction plans and a program for soil erosion and sedimentation control (§ 200-28).
(4) 
To Town agencies receiving referrals under preliminary consideration, such as for confirmation of design recognition of previous recommendations.
F. 
Final plat approval. In connection with final approval procedures, including conditions for approval, the following referrals will be made by the Planning Board as appropriate:
(1) 
Completion bonds, to the Town Board for approval as to security and as to form, sufficiency and manner of execution (§ 200-15).
(2) 
Conveyances (easements and offers of cession for streets, rights-of-way and parks), to the Town Board for approval as to form and manner of execution (§ 200-13).
(3) 
Maps, plans or documentation concerning water and sewer districts, to the Town Board for approval [§ 200-10C(7)].
G. 
Plat completion. Upon completion of required street, drainage and other improvements in the plat, the following referrals will be made by the Planning Board as appropriate:
(1) 
The as-built construction plans, to the Town Superintendent of Highways or his engineer or representative designated by the Town Board, or the Town Consulting Engineer (§ 200-15B).
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
(2) 
Maintenance bonds, to the Town Board for approval as to security and as to form, sufficiency and manner of execution (§ 200-15D).
A. 
General. It is the responsibility of the applicant to construct the streets, drainage, parks and other improvements shown on the approved construction plans in a workmanlike manner and in accordance with the time limits approved by the Planning Board and the accepted construction program. All such construction is subject to inspection prior to commencement, during work and upon completion by Town, state and County agencies having regulatory jurisdiction.
B. 
Inspection. The Planning Board, the Town Superintendent of Highways, and the Town Consulting Engineer shall have free access to the construction work at all times. The Town Superintendent of Highways may be represented by his engineer or other agent designated by the Town Board [§ 200-16B(2)].
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
C. 
Materials tests. The Planning Board, the Town Superintendent of Highways, or his engineer or agent, or the Town Consulting Engineer are authorized to take material samples, cores and other tests as deemed necessary to determine compliance with applicable standards. They may require the applicant, at his expense, to have such tests made and certified by a land surveyor or professional engineer, or both. The applicant may provide the supplier's or manufacturer's detailed specifications for particular materials to be used in the work, including references to the New York Department of Transportation Standard Specifications.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
D. 
Notification.
(1) 
In order to enable the Town Superintendent of Highways, or his engineer or representative, and the Town Consulting Engineer to make inspections in a timely manner and at critical stages of the work, it is necessary that they are notified by the applicant or the applicant's contractor as follows:
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
(a) 
Start of work. Notice of intent to start the project is to be given, in writing, by the applicant or his contractor at least three days prior to starting work. If the project is to be closed down for a period exceeding one week due to seasonal conditions or other cause, notice is to be given, and three days' notice is to be given prior to resuming the work.
(b) 
Stages of work. The applicant or his contractor is to give notice at least 48 hours before each of the following steps or stages of the work:
[1] 
Prior to commencing site clearance but after the construction work has been staked out.
[2] 
Prior to commencing excavation and the grading of streets and the installation of embankments.
[3] 
Prior to commencing installation of drainage and other utilities.
[4] 
Prior to backfilling structures and drainage pipes and other utilities.
[5] 
Prior to the placement of the base course on the subgrade of a street.
[6] 
Prior to commencing construction of the paved surface of a street.
(2) 
The Town Superintendent of Highways and the Town Consulting Engineer are to have three working days in which to inspect the completed work in each of the above stages, and no work is to be commenced on succeeding stages of construction until the required inspection has been made and the work approved by either the Town Superintendent of Highways or the Town Consulting Engineer.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
E. 
The Town Superintendent of Highways or the Town Consulting Engineer may issue a stop-work order if, in either of their judgments, the construction project or any stage thereof is not being carried out in accordance with approved plans and specifications or if unforeseen field conditions are encountered for which the approved plans are insufficient.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
F. 
Prior to the issuance of a building permit for any lot, the applicant shall complete all necessary rough-grading and drainage improvements within all street rights-of-way fronting a subdivision or drainage monuments serving such lot in order to ensure adequate access to the building lot by emergency vehicles.
[Added 3-12-1996; amended 12-30-1996 by L.L. No. 10-1996]
G. 
Prior to the issuance of a certificate of occupancy for a structure on any lot not fronting on any improved public street, the applicant shall complete storm drainage, curbs, sidewalks and sanitary sewage construction within the right-of-way and any easements affecting that lot and rights-of-way between that lot and existing improved public streets; shall have installed all utilities, including house connections and streetlighting, in such right-of-way; and shall fine-grade and construct foundation course and top or wearing course to the full design widths of street pavement.
[Added 3-12-1996; amended 12-30-1996 by L.L. No. 10-1996]
H. 
The applicant shall deliver a set of the approved construction drawings to the Building Inspector upon filing of the final subdivision plat.
[Added 3-12-1996; amended 12-30-1996 by L.L. No. 10-1996]