Town of Mamaroneck, NY Article III Procedures for Plats

§ 190-4 Applications; layouts.

Whenever any subdivision of land as hereinbefore defined is proposed to be made either as a new subdivision or where plats already filed in the office of the Clerk of Westchester County prior to the appointment of the Planning Board are entirely or partially undeveloped and before any contract for the sale of or any offer to sell any part of such subdivision is made and before any permit for the erection of a structure shall be granted, the subdividing owner thereof or his agent shall apply, in writing, to said Board for approval of such subdivision. For such subdivision, he should first file with the Planning Board a preliminary layout and subsequently a final layout and a formal plat as hereinafter specified in Article IV of these requirements, the intent being that the Planning Board be afforded a review of any previously filed subdivisions that have not been fully developed.

§ 190-5 Compliance required.

A. The preliminary layout, final layout, street profiles, parks, playgrounds or other recreational areas and formal subdivision plat and all procedures relating thereto shall in all respects be in full compliance with the provisions of §§ 276 and 277 of the Town Law and with these requirements except where variation from these requirements may be specifically authorized by the Planning Board.

B. The person applying for the approval of a subdivision must comply with the notification procedures contained in Chapter 144.

[Added 2-16-2005 by L.L. No. 2-2005[1]]

[1] Editor's Note: L.L. No. 3-2005, adopted 3-16-2005, provided that this local law shall become effective 4-30-2005 if it was filed with the Secretary of State prior to that date.

§ 190-6 Submission of preliminary layout.

Five copies each of the preliminary layout designated as such, at a scale not smaller than 50 feet to the inch, and indicating existing contours, waterways or any rock outcroppings and other pertinent topographic features as further specified herein shall be filed with the Planning Board. The Planning Board will then study the preliminary layout in connection with the topography of the area, the existing requirements of Chapter 240, Zoning, the Master Plan and the Official Map and will take into consideration the general requirements of the community, the character of the neighborhood and the best use of the land to be subdivided. Particular attention will be given to matters enumerated in § 277 of the Town Law, as well as to specific requirements for parks, playgrounds, school sites, boulevards and main thoroughfares, the adequacy of street connections and the suitability of the land for development.

§ 190-7 Decision on preliminary layout.

A. After arriving at tentative conclusions, the Planning Board will discuss the preliminary layout with the subdivider or his agents at a regular meeting or a special meeting duly convened of said Board.

B. After such discussion, the Planning Board will communicate, in writing, to the subdivider:

(1) All specific changes which it believes desirable in the preliminary layout.

(2) 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.

§ 190-8 Submission of final layout; certificate of approval.

[Amended 7-17-1996 by L.L. No. 14-1996]

The subdivider, following receipt of this communication with respect to the preliminary layout and the changes, if any are to be made therein, shall, within six months thereafter, make a submission to the Planning Board satisfactory to the Town Engineer, which shall consist of such number of copies as the Planning Board shall from time to time require of the final layout of the subdivision plat, accompanied by two separate sets of prints showing the completed detailed construction drawings, including but not limited to street profiles, construction details, etc., in accordance with the provisions of Article IV of this chapter. Before the Planning Board accepts submission of the final layout, including the construction drawings, and prior to setting the date for the public hearing, it shall obtain from the Town Engineer or other duly designated official a certificate stating that the street and any improvements already constructed by the subdivider or improvements to be constructed in accordance with the construction drawings, as approved, are satisfactory to him.

A. If the certificate is with respect to improvements already made, said official shall certify as to such parts of said improvements that are satisfactory as of the date of his certificate. Before the Planning Board accepts submission of the final layout of the subdivision plat, the subdivider shall obtain the approval without qualification of the Westchester County Department of Health, Westchester Joint Water Works No. 1 or any other governmental agency having jurisdiction in the premises. Upon receipt of all such certifications and approvals, in writing and in satisfactory form, the Planning Board shall accept submission of such final layout and shall set a date within 62 days of such submission to hold a public hearing or waive such hearing as required pursuant to § 276 of the Town Law. The Planning Board will then, within 62 days from and after the date of the final submission above provided, approve, modify or disapprove such final layout and the construction drawings by endorsement thereon, and, upon approval, the subdivider shall submit to the Planning Board the original Mylar and such copies as the Planning Board requires of the final plat and the detailed construction drawings. The Mylar shall then be turned over to the Building Inspector or the Director of Building Code Enforcement and Land Use Administration for safekeeping. If the Planning Board requires any modifications of the subdivision plat or the construction drawings at the public hearing, the subdivider shall be required to make such changes to the final plat and construction drawings as submitted and resubmit new prints with the original Mylar to the Planning Board at its next meeting with the approval of the Town Engineer, and final action by the Planning Board will not be taken prior to the further meeting at which these plans are submitted.

[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]

§ 190-9 Completion of required improvements; performance bond.

If and when the Planning Board approves the final layout of the subdivision plat or the construction drawings, the resolution adopted by the Planning Board shall require that the subdivider complete all improvements in accordance with the plans and construction drawings as provided in § 277 of the Town Law and with the provisions of this chapter in all respects except so far as they are specifically waived by the Planning Board or, alternatively, to file with the Planning Board a performance bond for a term not to exceed three years and which, in all respects, shall comply with § 277 of the Town Law and which shall be approved by the Town Board, as provided in said § 277 of the Town Law. Except where the subdivider indicates by notation on the plat that streets, highways or parks are not offered for dedication to the public, the subdivider shall also, by the terms of said resolution, be required to tender offers for deeds of cession, in form satisfactory to the Counsel to the Town, of all lands included in the beds of streets and highways and for easements or parks as required by the Planning Board, and a note of endorsement shall be placed upon the plan or plat reading as follows: "Approval of this plat by the Planning Board does not constitute an acceptance by the Town of the dedication of any street, highway, park or other public open space, but such acceptance shall become effective only upon the adoption of a resolution by the Town Board."