Approval authority.

Parkland issues. All lots that are created and/or subdivided shall be subject to an assessment of a recreation fee as determined by the Village Board of Trustees and/or Planning Board. The Village Board of Trustees hereby finds that the provisions of Article XII related to parkland shall apply equally to lots that are subdivided.

Site plan. Site plan review, as described in Article XII, is required for most properties proposed for development in the Village of Dobbs Ferry, including single-family homes. The Planning Board and the applicant may agree to conduct a single site plan review for the proposed subdivision or for a phase of the subdivision to avoid the duplication of efforts and the segmentation of the site plan review process. This agreement may allow the site plan review to be concurrent with the subdivision review or to follow completion of the subdivision approval. The Board of Trustees may have site plan authority over said plans.

Adequate, convenient and suitable areas for parks or playgrounds or other recreational purposes shall be set aside in the subdivision and to be dedicated to the Village. No arbitrary percentage of area is prescribed by the Board, but, in general, subdividers will be required to set aside up to 10% of the area for these purposes.

If the Planning Board shall determine that a suitable park or parks of adequate size cannot be properly located in any such subdivision or cluster development or is otherwise not practical, it shall require as a condition to approval of any such subdivision or cluster development a payment to the Village of a sum to be determined by the Board of Trustees for each new lot or dwelling unit created, as provided for in § 300-52J, which sum shall constitute a trust fund to be used by the Board of Trustees exclusively for neighborhood parks, playgrounds or recreation purposes, including the acquisition of land. Each new lot created shall trigger the requirement to pay any and all fees as determined by the Board of Trustees. The provisions of § 300-52J shall apply to each new lot created.

Resubdivisions of properties which do not increase the number of building lots shall not be subject to this provision.

The property shall be such that it can safely be used for the building purposes contemplated by the plan, in conformity with the applicable requirements of this Chapter 300, Zoning and Land Use, of this Code, and without danger to health or peril from fire, flood or other menace, taking into consideration its location, elevation, grade and drainage.

In its discretionary actions under these subdivision regulations, the reviewing agency should take into consideration said statement of policies, principles and guides, as appropriate.

Each application shall be accompanied by the following:

After the time of submission of the preliminary plat application to the Land Use Officer, the Planning Board shall take action in accordance with the provisions provided by New York State Village Law to conditionally approve, with or without modifications, or to disapprove such preliminary plat, and the grounds for the action taken shall be stated on the records of the Board.

Notice of such hearing shall be mailed at least 10 days prior to such hearing to the Westchester County Planning Board and an abutting municipality in accordance with applicable law.

Should the application be disapproved, a new application may be filed with the Clerk.

Approval, with or without modifications, of the preliminary plat shall expire within six months, except that the time limit may be extended by resolution of the Board.

Within six months of the approval, with or without modifications of the preliminary plat, or within the time limit set by resolution by the Board, the subdivider shall apply in writing to the Board on forms provided by the Land Use Officer for approval of the final plat. All applications shall be filed with the Clerk in accordance with the timing requirements established by the Land Use Officer prior to the regular Planning Board meeting at which the final plat is to be officially submitted and considered.

Each application shall be accompanied by the following:

Upon submission of the final plat or proposed development, the Board may approve, modify and approve, or disapprove the proposed subdivision or proposed development of the plat, and the grounds for the action taken shall be stated on the records of the Board in accordance with this chapter and the New York State Village Law.

Notice of such hearing shall be mailed at least 10 days prior to such hearing to the Westchester County Planning Board and an abutting municipality in accordance with applicable law.

The installation of fire alarm signal devices, including necessary connecting facilities, shall be required or waived only with the approval of the Board of Fire Commissioners of the Village.

Should the application be disapproved, a new application may be filed with the Clerk.

The following documents are filed with the Clerk:

Upon compliance by the subdivider with the foregoing, the Clerk shall then certify the original of the final plat, which the subdivider shall then file in the Westchester County Clerk's office (Division of Land Records).

Posting of a bond with the Village as provided in § 7-730 of the Village Law, subject to approval of the form of the bond by the Village Attorney.

The subdivider shall grade and pave all streets or other public places and shall install monuments, curbs, gutters, water mains, sanitary sewers, storm drains, street signs, streetlights and sidewalks, and street trees if required, and all other improvements shown on the final plat and/or on the final construction plan, in accordance with standards, specifications and procedures acceptable to the appropriate departments of the Village within such period of time as may be determined by the Board.

To obviate the need for street openings after streets have been paved and dedicated to the Village, the subdivider shall, at the time of street construction, install laterals for all house connections to all building lots from sewer, water and gas mains, and storm drains to the drainage system.

The Building Inspector may require additional catch basins to those shown on the final construction plan, if necessary.

Water mains, fire hydrants and fire alarm boxes shall be installed as directed by the Fire Chief and shall be placed in operation prior to the issuance of building permits. The cost of the water therefor prior to the acceptance of the dedication of the streets by the Village shall be borne by the subdivider.

Streetlights shall be installed on poles of the type and at intervals as required by and with the direction of the Planning Board and shall be lighted prior to the acceptance of the dedication of the streets by the Village or as directed by the Land Use Officer, at the expense of the subdivider. Temporary lighting, as directed by the Land Use Officer, shall be provided at the expense of the subdivider.

Village standard street name signs shall be installed as directed by the Land Use Officer.

The strip of land, nine feet six inches wide, outside of and bordering the curbline shall be at a grade with regard to the curbline not exceeding one foot in 10 feet except where topographic features make this impractical, as agreed by the Land Use Officer. In such cases, the grade of the strip shall, at the discretion of the Land Use Officer, extend a minimum of four feet at a grade of one foot in 10 feet from the curb, then blend into the natural terrain in heavy rock cuts, or six feet at a grade of one foot in 10 feet in heavy fill areas. In determining the grade of the strip, consideration shall be given to the possible future need for a sidewalk on the side of the street where a grade of one foot in 10 feet for the full width of the strip is impractical because of topographic features. The exercise of the aforesaid discretion granted to the Land Use Officer is contingent upon the filing in the Westchester County Clerk's office (Division of Lands Records) by the subdivider of a revised approved subdivision plat of the area involved showing the boundaries of the street right-of-way as adjusted. In addition, the subdivider shall file with the Village a revised deed including the changes to the streets. The curb strip shall be free of all obstructions except such trees as shall have been designated to be saved or planted by agreement with the Planning Board and/or Land Use Officer. The lots and curb strips shall be so graded as to drain into the street. Where excessive drainage from private property is probable, that portion of the strip immediately bordering the curb shall be drained by a swale or other suitable means, as directed by the Land Use Officer, whether designated prior to approval and shown on the plans or deemed to the Land Use Officer to be necessary to accommodate site conditions.

The Land Use Officer shall have the right to stop all building and/or excavation operations should there be a violation of any Village ordinance, with such work stoppage continuing in effect until each and every violation is corrected to the satisfaction of the Land Use Officer.

With the purpose of preserving suitable trees in the public interest, the subdivider shall exercise all reasonable care to preserve all trees designated for preservation as shown on the plans approved by the Planning Board, on the topographic survey accompanying the application for the excavation permit, or otherwise by agreement with the Land Use Officer. In the event any tree designated to be saved is accidentally damaged to the extent that it may die, in the opinion of the Land Use Officer, the subdivider, at his own cost and expense, shall remove the tree in a manner prescribed by the Land Use Officer. Trees in areas offered for dedication to the Village, which are designated for removal by the Land Use Officer because they are in a dangerous condition, shall be removed at the cost and expense of the subdivider prior to acceptance or dedication. All trees located within the nine-foot-six-inch strip outside of and bordering the curbline, and any trees bordering such strip that in the opinion of the Land Use Officer are damaged to the extent that they may die, shall be removed by the subdivider. To assure the planting of street trees in the public interest, the subdivider shall deposit with the Village, in a form acceptable to the Village Attorney, an amount, to be determined by the Planning Board, as a guaranty that the subdivider will plant such street trees as directed by the Land Use Officer or as reimbursement to the Village for planting street trees in the event the subdivider fails to plant them. In case the subdivider plants such trees or the cost of the trees planted by the Village to replace the trees planted by the subdivider is less than the amount deposited with the Village, any moneys in such fund remaining unexpended by the Village after the expiration of one year from the date of acceptance of streets by the Village shall be returned to the subdivider.

The subdivider shall file with the Land Use Officer an as-built plan of the entire subdivision, showing in detail all streets, sewers, storm drains, springs, gaslines and waterlines including lateral connections to every lot, streetlights, hydrants, fire alarm boxes and trees designated for preservation.

Any questions of interpretation of the meaning of the resolutions approving subdivisions shall be determined by the Land Use Officer.

The installation of all streets and public utilities shall be supervised, at the expense of the subdivider, by a civil engineer licensed by the State of New York. The subdivider shall furnish the Land Use Officer with the names of the licensed land surveyors and civil engineers either employed or to be employed on the subdivision by the subdivider in order to avoid conflicts with consultants selected by the Village. The supervising civil engineer shall be present at the site, as required by the Land Use Officer, until the subdivision work is completed and approved.

When, in the judgment of the Land Use Officer, inspection of work in process or finished is needed, he shall be authorized to employ a qualified inspector at the expense of the subdivider.

To expedite operations and prevent misunderstandings, conferences on the site of the subdivision shall be held one week before any street construction, grading operations or utility installations are begun, and weekly thereafter or as often as requested by the Land Use Officer. Such conferences shall be attended by the Land Use Officer, land surveyor and engineer of record, representative of the subdivider and the general contractor. Minutes of each conference shall be prepared by the engineer of record or other qualified person approved by the Land Use Officer, and the Land Use Officer shall receive the original copy of the minutes within three days following the date of the conference and as many additional copies as he may reasonably request.

No building permit shall be issued for any house unless all the improvements deemed essential at the time by the Land Use Officer and located between the lot on which such house is to be erected and the nearest public street have been completed and drainage from locations adjoining or above such lot has been adequately controlled.

No certificate of occupancy shall be issued unless all required improvements located between the house for which the certificate of occupancy is requested and the nearest public street have been completed and drainage from locations adjoining or above such house has been adequately controlled and the streets between such house and the nearest public street have been completed, with the exception of the top course.

The subdivider shall authorize the Village to make passable and maintain the streets shown on the subdivision plat during winter weather conditions as if same were public streets of the Village, and the subdivider shall reimburse the Village for the reasonable cost of said work and shall repair any damage to said streets resulting from said work prior to acceptance by the Village of the dedication of said streets.

Traffic control signs shall be installed as directed by the Chief of Police.

Any other conditions of the resolution approving the subdivision.

Unless specifically stipulated by separate agreement approved by the Village Board of Trustees in a form acceptable to the Village Attorney, all costs and expenses for this work shall be the responsibility of the subdivider and shall be completed at his sole expense.