West Haverstraw City Zoning Code
ARTICLE XVII
Subdivision of Land Authorization and Procedures
§ 250-83 Authority of Planning Board.
By authority of the Board of Trustees, pursuant to provisions of the Village Law, the Planning Board has the power and authority to approve, modify and approve or disapprove plats for subdivisions within the Village of West Haverstraw which show lots, blocks or sites with or without new streets or highways.
§ 250-84 Policy.
It is declared to be the policy of the Village Planning Board to consider land subdivisions as part of a plan for the orderly, efficient and economical development of the Village. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace. Proper provision shall be made for drainage, water, sewerage and other needed improvements. The proposed streets shall compose a convenient system conforming to the Official Map, as it may be adopted by the Village Board of Trustees, and shall be properly related to the proposals shown on the Village Master Plan, as it may be adopted or amended by the Village Board of Trustees. Streets shall be of such width, grade and location as to accommodate the prospective traffic, to afford adequate light and air and to facilitate fire protection. In proper cases, there shall be reservation of park areas of suitable location, size and character for playground or other recreational purposes.
§ 250-85 Submission of plat.
Whenever a parcel of land is to be subdivided, the owner shall submit a plat of the parcel to the Planning Board for its approval and then file the approved plat with the County Clerk. The location and design of new streets must be approved by the Planning Board.
§ 250-86 Enactment.
In order that the land may be subdivided in accordance with this policy, these regulations are hereby adopted.
§ 250-87 Plat crossing municipal boundaries.
Whenever access to the subdivision can be had only across land in another municipality, the Planning Board may request assurance from the Village Attorney that access is legally established and from the Village Engineer that the access road is adequately improved or that a performance bond has been duly executed and is sufficient in amount to assure the construction of the access road. In general, lot lines should be laid out so as not to cross Village boundary lines.
§ 250-88 General procedure.
Whenever any subdivision of land is proposed and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdivision owner or his authorized agent shall apply for and secure approval of such proposed subdivision in accordance with the procedures hereinafter set forth at §§ 250-90 through 250-93 for major subdivisions and § 250-94 for minor subdivisions.
§ 250-89 Fees for applications.
Applications for action by the Planning Board shall be accompanied by payment of the fees set forth in Chapter A255, Fees, for the procedures set forth hereinafter:[1]
§ 250-90 Sketch map.
A.
Purpose. The purpose of the sketch plan phase is to provide the subdivider with an opportunity to consult early and informally in the subdivision process with the Planning Board in order to save time and money and to improve the opportunity for more desirable development.
B.
Prior discussion of requirements. Before preparing the sketch map, the applicant may discuss with the Planning Board or its representatives the requirements as to general layout of streets and for reservations of land, street improvements, drainage, sewerage, water, fire protection and similar matters, as well as the availability of existing services. The applicant should also discuss the preliminary layout with the County Health Department, which must eventually approve any subdivision plat coming within its jurisdiction.
C.
Application procedure and requirements. Prior to subdividing or resubdividing land and prior to filing application for the approval of a subdivision plat, an owner of land or his representative shall file application for approval of a sketch map. The application shall:
(1)
Be made on forms available at the office of the Clerk of the Planning Board.
(2)
Include all contiguous holdings of the owner with an indication of the portion which is proposed to be subdivided, accompanied by an affidavit of ownership.
(3)
Include all land which the applicant proposes to subdivide.
(4)
Be accompanied by a minimum of 10 copies of the sketch map (as described in § 250-114, Sketch map, of this chapter) complying in all respects with the regulations outlined in Article XVIII, Required Improvements and Agreements, of this chapter and with the provisions of Article 7 of the Village Law.
(5)
Be presented to the Clerk of the Planning Board at least two weeks prior to a regular Board meeting.
D.
Planning Board meeting; discussion of requirements and classification.
(1)
The applicant should attend the next regular meeting of the Planning Board to discuss the sketch map. At its meeting with the applicant, the Planning Board shall review the objectives of this chapter and the proposed provisions for street improvements, drainage, sewerage, water supply, fire protection, street trees and similar aspects, as well as the availability of existing services and other pertinent information, taking into consideration the requirements of the subdivision regulations and the best use of the land being subdivided. Particular attention will be given to the arrangement, location and width of streets, their relation to the topography of the land, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided and the requirements of the zoning provisions of this chapter and of the Official Map as may be adopted by the Board of Trustees.
(2)
Classification of the sketch layout is to be made at this time by the Planning Board as to whether it is a minor or major subdivision as defined in this chapter. If classified as a minor subdivision, the applicant, following tentative approval of the sketch layout, shall proceed as hereinafter provided in § 250-114. If classified as a major subdivision, the applicant must first file an application for approval of a preliminary map as hereinafter provided in § 250-91 before filing for subdivision plat approval.
(3)
The Planning Board may refer the sketch map to the Village Engineer, Village Attorney, Village Planning Consultant, Village Superintendent of Public Works, County Planning Board, County Superintendent of Highways or other appropriate Village, county or state agency or official for technical advice. Such advice shall be submitted for consideration by the Planning Board before the next regular Board meeting. Unless otherwise provided by an agreement between the county and Village, all subdivisions which abut or are related to a county road or county drainageway shall be referred to the County Planning Board and County Superintendent of Highways.
E.
Field trip; temporary staking. After the regular Planning Board meeting at which the subdivision is first discussed, the Board may schedule a field trip to the site of the proposed subdivision, accompanied by the applicant and his representative. In order to facilitate field inspection and review of the site of the proposed subdivision, temporary staking along the center line of all proposed roads in the subdivision will be required in time for such field trip.
F.
The Planning Board shall determine whether the sketch plan meets the purposes of this chapter and if the proposal is consistent with existing or potential development of adjacent areas and the Village Comprehensive Plan. The Planning Board shall inform the applicant of the actions to be taken to meet the requirements of this chapter. The requirements for compliance with SEQRA shall also be discussed at this stage.
G.
Within 45 days following the receipt of a complete sketch plan, the Planning Board shall transmit a written report to the applicant containing its comments concerning the design of the proposed project. Copies of minutes of relevant meetings of the Planning Board shall be considered a sufficient written report. The time frame within which the Planning Board is required to act may be extended by mutual consent of the Planning Board and the applicant.
§ 250-91 Preliminary map.
A.
Application procedure and requirements. Based upon the report from the Planning Board, the applicant should file an application for approval of the preliminary map containing the changes required by the report under § 250-90G. The application shall:
(1)
Be made on forms available from the Clerk of the Planning Board.
(2)
Include all land which the applicant proposes to subdivide.
(4)
Be accompanied by a minimum of 10 copies of preliminary construction plans as described in § 250-116.
(5)
Comply in all respects with the sketch map as tentatively approved.
B.
The Planning Board shall study the preliminary plat, taking into consideration the topography of the area, the requirements of the community and the best use of the land proposed to be subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water and sewer services, drainage, lot sizes and arrangements, the future development of adjoining lands as yet unsubdivided and the requirements of the Village's zoning regulations and Comprehensive Plan. In the review of the preliminary plat, the Planning Board shall consult with the Village Engineer and such other officials or agencies as may be appropriate. The Village Engineer shall report to the Planning Board concerning the adequacy of the engineering features shown on the preliminary plat.
C.
If an environmental impact statement (EIS) is determined not to be necessary, then, within 62 days following the receipt of a complete and satisfactory preliminary plat and supporting documentation, the Planning Board shall, pursuant to § 7-728, Subdivision 5(d), of the Village Law, conduct a public hearing on the proposed subdivision. In addition, the applicant shall publish notice of public hearing for the scheduled Planning Board meeting in the official newspaper of the Village. The applicant shall display prominently on the subject property, for 10 days preceding the date of public hearing, at least two signs eight inches by 11 inches in size as prescribed by the Planning Board, announcing the public hearing. The signs shall be in full public view from the street, and not more than five feet therefrom. The applicant shall further mail, by certified mail, return receipt requested, notices of hearing to abutting property owners within a two-hundred-fifty-foot radius of the subject property and shall submit to the Clerk before the public hearing affidavit of posting and return receipts. The public hearing shall be closed on motion of the Planning Board within 120 days after it has opened.
D.
In the event that an environmental impact statement is determined to be required and a public hearing on a draft environmental impact statement (DEIS) is held, the public hearing on the DEIS and the preliminary plat shall be held within 62 days after the filing of the notice of completion of such DEIS in accordance with the provisions of the State Environmental Quality Review Act.[1] If no public hearing is held on the DEIS, then a public hearing on the preliminary plat shall be held within 62 days of the filing of the notice of completion. If the public hearing is held on the DEIS and the preliminary plat, notice thereof shall be advertised at least once in a newspaper of general availability in the Village at least 14 days before such hearing.
[1]
Editor's Note: See Article 8 of the Environmental Conservation Law.
E.
Within 62 days after the close of the public hearing on a preliminary plat where no EIS is required, the Planning Board shall approve, with or without modification, or disapprove such preliminary plat. The grounds for a modification or disapproval, if any, shall be stated upon the records of the Planning Board. On such preliminary plats where an EIS is required and a public hearing is conducted on the DEIS:
(1)
If the Planning Board is the lead agency, the final EIS shall be filed within 45 days following the close of the public hearing. Within 30 days of the filing of such final environmental impact statement, the Planning Board shall issue findings on the final environmental impact statement and make its decision on the preliminary plat.
(2)
If the Planning Board is not the lead agency for environmental review, the Planning Board shall make its own findings and its decisions on the preliminary plat within 62 days after the close of the public hearing on the preliminary plat or within 30 days of the adapting of findings by the lead agency, whichever period is longer. Notwithstanding the foregoing provisions, the time within which the Planning Board must take action on such plat may be extended by mutual consent of the subdivider and the Planning Board. When approving a preliminary plat, the Planning Board shall state in writing any modification it deems necessary prior to submission of the plat in final form.
F.
Within five days of the decision on the preliminary plat, the Planning Board shall file its decision in the office of the Village Clerk. In addition, the subdivider shall be provided with written notification of the action by the Planning Board within five days of the decision. In the event that the Planning Board fails to take action on a preliminary plat within the time frame prescribed herein, such plat shall be deemed to have been granted preliminary approval. The certificate of the Village Clerk as to the date of submission and the failure to take action within such prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval.
G.
Terms of preliminary map approval. The conditional approval of a preliminary map shall be effective for a period of six months. If the final plat is not submitted within that period, the approval of the preliminary map may be revoked.
§ 250-92 Subdivision plat.
A.
Application procedure. Within six months following the approval of the preliminary map, the applicant, if he wishes to proceed with the subdivision, shall file with the Planning Board an application for approval of the subdivision plat. The application shall:
(1)
Be made on forms available from the Clerk of the Planning Board.
(2)
Include the entire subdivision.
(4)
Comply in all respects with the preliminary map as approved.
(5)
Be presented to the Planning Board at least two weeks prior to a regular meeting of the Board. The date of the regular meeting of the Board following the filing of a complete application for approval of a subdivision plat shall constitute the official submittal date of the plat for the purpose of this chapter.
B.
Endorsement of County Health Department. The proposed subdivision plat shall be properly endorsed by the County Health Department, as required by the County Sanitary Code, before being submitted to the Planning Board. The plat should be in final form before submission to the County Health Department for approval.
C.
The subdivider may choose to develop the subdivision in stages. If such staging is proposed, the developer shall submit the final plat for a portion of the area encompassed by the preliminary plat, provided that the proposed development stages were indicated on the preliminary plat approved by the Planning Board. A section shall include at least 25% of the total number of lots contained in the approved plat. No more than two individual sections of a subdivision shall be in process or under construction at the same time.
D.
Within 62 days of the receipt of a complete and satisfactory final plat which the Planning Board deems to be in substantial agreement with the preliminary plat approved pursuant to this article, the Planning Board shall, by resolution, conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat.
E.
When a final plat is submitted which the Planning Board deems not to be in substantial agreement with the preliminary plat approved pursuant to this article, the following shall apply:
(1)
Final plats not in substantial agreement with approved preliminary plats may require further review under the State Environmental Quality Review (SEQR) Act.[1] In the event that the environmental review is required, the time periods hereinafter as set forth in Subsection E(2) and (3) below shall be those set forth under the Village Law at § 7-728, Subdivision 6.
[1]
Editor's Note: See Article 8 of the Environmental Conservation Law.
(2)
The Planning Board shall hold a public hearing on such final plat not later than 62 days after the receipt of the final plat. The hearing shall be advertised at least once in a newspaper of a general circulation in the Village at least five days before such hearing. In addition, the applicant shall provide such further notice at the premises and by mail, as set forth in § 250-91C and applicable to public hearings on preliminary plats.
(3)
When there is not further environmental review necessary, the Planning Board shall, by resolution, conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat within 62 days after the date of the public hearing. In the event that further environmental review is required and a public hearing is required on the DEIS, within five days of the decision on the preliminary plat, the Planning Board shall file its decision in the office of the Village Clerk. In addition, the subdivider shall be provided with written notification of the action by the Planning Board within five days of the decision. In the event that the Planning Board fails to take action on a preliminary plat with the time frame prescribed herein, such plat shall be deemed to have been granted preliminary approval. The certificate of the Village Clerk as to the date of submission and the failure to take action within such prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.
F.
Written notice of the action by the Planning Board shall be mailed to the applicant and filed in the office of the Village Clerk within five days of the date of the action by the Planning Board. The action of the Planning Board shall be recorded in the Board's minutes. In the case of the disapproval of a proposed final plat, the Planning Board minutes shall specify the reasons for disapproval. Notwithstanding the foregoing provisions of this article, the time within which the Planning Board must take action on such plat may be extended by mutual consent of the subdivider and the Planning Board. In the event that the Planning Board fails to take action on a final plat within the time prescribed herein, the plat shall be considered to be approved. A certificate of the Village Clerk as to the date of submission and the failure to take action within such prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval.
G.
No construction of any sort, site improvements or a building permit for any structure within the proposed subdivision shall be issued by the Building Inspector/Village Engineer until the record sheet of the final plat has been approved by the Planning Board and the subdivision is filed in the office of the Rockland County Clerk and liber and page numbers have been assigned by the County Clerk. If a permit is desired for the occupancy of a building in the subdivision prior to the completion of all of the improvements shown on the approved construction sheet of the subdivision plat, the Village Engineer shall determine that the streets and utilities serving the building are sufficiently completed to adequately serve the proposed occupancy.
§ 250-93 Signing of subdivision plat.
A.
The appropriate officer to sign an approved subdivision plat shall be the Chairman of the Planning Board. In the absence of the Chairman, the Deputy Chairman shall be authorized to sign in his place.
C.
Every subdivision plat submitted to the Planning Board for its approval shall carry the following endorsement:
Approved by resolution of the Planning Board of the Village of West Haverstraw, New York, on the _________ day of ____________, 19 ___, subject to all requirements and conditions of said resolution and required improvements and agreements. Any change, erasure, modification or revision of this plat, as approved, shall void this approval. | |
Signed this ____________ day of ______________, 19 ___. |
D.
Formal irrevocable offers of cession to the Village of all proposed streets, utilities, parks and easements and improvements thereto and the instruments of dedication, in a form approved by the Village Attorney, including title policies and filing fees required for the recording of the same shall be required as follows:
(1)
The subdivision plat shall be marked with a notation indicating said formal offers of cession as follows:
The owner hereby irrevocably offers for dedication to the Village of West Haverstraw all the streets, easements, parks and required utilities shown on the within subdivision plat and construction plans. | ||
By | ||
Owner Date | ||
(2)
In the event that the applicant shall elect not to file the plat in the office of the County Clerk within the period required by New York State law and this chapter, then such formal offers of cession shall be deemed void. The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or imply the acceptance of any street, easement, park or improvement thereof shown on said plat. Acceptance of formal offers of all cessions of the subdivision plat shall rest with the Village Board of Trustees.
E.
If the Planning Board conditionally approves the final plat, the Planning Board may authorize the Chairman, or designee, to sign the plat upon the completion of the requirements specified in the approval resolution. Within five days of granting conditional approval, the final plat shall be certified by the Chairman of the Planning Board, or designee, as conditionally approved. A copy of such action shall be filed in the office of the Village Clerk and a certified copy mailed to the subdivider, including a certified statement listing those requirements which, upon completion, would constitute approval of the final plat. Upon completion of the requirements, the plat shall be signed by the Chairman of the Planning Board, or designee. Conditional approval of a final plat shall expire within 180 days following the date of the resolution granting conditional approval unless all such requirements have been certified as completed. Notwithstanding the foregoing provisions of this chapter, the Planning Board may extend the time within which a conditionally approved plat must be submitted for final approval. If the Planning Board determines that such an extension is warranted, it may extend the date for no more than two periods of 90 days each.
F.
No changes, erasures, modification or revisions shall be made to any final plat following approval and endorsement by the Planning Board on the plat. In the event that a final plat, when recorded, contains any such changes, the plat shall be considered null and void, and the Planning Board shall institute proceedings to have said plat stricken from the records of the County Clerk.
G.
An approved plat shall be filed in the office of the County Clerk within 62 days following the date the plat is signed by the Chairman of the Planning Board, or designee, or the certificate of the Village Clerk as to the date of the submission of the final plat and failure of the Planning Board to take action thereon within the time prescribed is issued. If the plat is not filed within this time period, the approval shall become null and void. In the event that the owner shall file only a section of such approved plat in the office of the County Clerk, the entire approved plat shall be filed with the Village Clerk within 30 days of the filing of such section. Any section of the approved plat which is filed in the office of the County Clerk shall encompass at least 25% of the total number of lots contained in the approved plat. The approval of the remaining sections of the approved plat shall expire unless said sections are filed before the expiration of the exemption period to which such plat is entitled under the provisions of Village Law. The applicant shall submit five copies of the final plat showing the endorsement of the County Clerk to the Village Planning Board within 30 days of the date of filing.
§ 250-94 Minor subdivision approval.
A.
The Planning Board shall approve or disapprove minor subdivision final plats in accordance with the provisions of this section.
B.
Applicants for approval of minor subdivision plats are encouraged to meet informally with the Planning Board to determine whether the approval process authorized by this section can and should be utilized. The Planning Board may require the applicant to submit whatever information is necessary to make this determination, including but not limited to a copy of a tax map showing the land proposed to be subdivided and all lots previously subdivided from that tract of land.
C.
The Planning Board may require a series of submittals conforming to those for major subdivisions, but may waive data requirements for good cause.
D.
Applicants for minor subdivision approval shall submit 10 copies of the final plat and supplementary materials specified herein to the Planning Board not less than 14 days prior to the regularly scheduled meeting at which time the applicant is seeking consideration by the Planning Board.
F.
Within 62 days of the receipt of a complete and satisfactory application for approval of a plat for minor subdivision, including a completed environmental assessment form, the Planning Board shall conduct a public hearing on the proposed plat. Said hearing shall be advertised in a newspaper of general circulation within the Village at least once not less than five days prior to the hearing.
G.
Subsequent to the adoption of this article, not more than three lots may be created out of one parcel using the minor subdivision approval process, regardless of the time frame within which said lots are proposed to be created.
H.
The Planning Board shall approve, deny or conditionally approve the proposed minor subdivision plat by signature on the plat by the Chairman of the Planning Board, or designee. Action by the Planning Board shall be taken within 62 days following the public hearing. The time period within which the Planning Board is required to act may be extended by mutual agreement of the applicant and the Planning Board. The applicant shall be notified in writing, and all decisions of the Planning Board shall be filed in the office of the Village Clerk within five days. If the Planning Board fails to act within the sixty-two-day period, the subdivision shall be deemed to be approved, and the Village Clerk may issue a certificate of approval on demand.
I.
If the subdivision is disapproved, the Planning Board shall furnish the applicant with a written statement specifying the reasons for disapproval.
J.
If the subdivision is conditionally approved, the Chairman of the Planning Board, or designee, may be authorized to sign the plat upon the completion of the requirements specified in the approved resolution.
K.
Approval of any plat is contingent upon the plat being recorded in the office of the Rockland County Clerk within 62 days following the date the plat is signed by the Chairman of the Planning Board, or designee. If such plat is not filed within this time period, the approval by the Planning Board shall be null and void.
L.
The construction of any improvements or the provision of guaranties for such improvements shall be in accord with the procedures and requirements specified herein for major subdivisions.
§ 250-95 Resubdivision; lot line adjustments.
For a resubdivision, the same procedure shall apply as for a subdivision. If the proposed resubdivision consists solely of the simple alteration of lot lines where no additional lots would be created, the Planning Board may waive the normal subdivision procedures and merely require the filing of an approved resubdivision plat. A statement indicating such shall be part of the Board's record on the subdivision. Notification of the purpose for the division (i.e., lot line adjustment) shall be shown on the plat and in the deeds. Tax numbers shall be reassigned to the new legal descriptions.
§ 250-96 Coordination with State Environmental Quality Review Act. [1]
A.
Preliminary plats and final plats where no preliminary plat was required shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed. The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion.
B.
Process.
(1)
When the Planning Board is lead agency under the State Environmental Quality Review (SEQR) Act, any public hearing held by the Planning Board on a preliminary plat, on a final plat where no preliminary plat was required or on a final plat which does not substantially conform to an approved preliminary plat shall be coordinated with the environmental review process as follows:
(a)
If the Planning Board determines that the preparation of an environmental impact statement is not required, the public hearing on the plat shall be held within 62 days after the receipt of a complete preliminary plat; or
(b)
If the Planning Board determines that the preparation of an environmental impact statement is required, and a public hearing on the draft environmental impact statement is held, the public hearing on the plat and the draft environmental impact statement shall be held jointly within 62 days of filing the notice of completion.
(2)
The hearing on the plat shall be advertised at least once in a newspaper of general circulation in the Village at least five days before such hearing if held independently of the hearing on the draft environmental impact statement or 14 days before a hearing held jointly therewith. The hearing on the plat shall be completed within 120 days after it has begun.
(3)
If the Planning Board determines that an environmental impact statement is required, and a public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of such public hearing. If no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 62 days following the close of the public hearing on the plat. Within 30 days of the filing of such final environmental impact statement, the Planning Board shall issue findings on the final environmental impact statement and make its decision on the plat.
C.
If the Planning Board is not lead agency under the State Environmental Quality Review Act,[2] any public hearing held by the Planning Board on a preliminary plat, on a final plat where no preliminary plat was required or on a final plat which does not substantially conform to an approved preliminary plat shall be coordinated with the environmental review process as follows:
(1)
The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the plat jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement, the Planning Board shall hold the public hearing on the plat within 62 days after the receipt of a complete plat by the Clerk of the Planning Board.
(2)
The hearing on the plat shall be advertised at least once in a newspaper of general circulation in the Village at least five days before such hearing if held independently of the hearing on the draft environmental impact statement or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such a manner as it deems most appropriate for full public consideration of such plat. The hearing on the final plat shall be completed within 120 days after it has begun.
(3)
The Planning Board shall act on the plat within 62 days after the close of the public hearing on such plat.
[2]
Editor's Note: See Article 8 of the Environmental Conservation Law.
[1]
Editor's Note: See Article 8 of the Environmental Conservation Law.