(1) Major subdivision: any subdivision containing more than four lots, or any subdivision requiring any new public street extension or the extension of municipal facilities
(2) Minor subdivision: a subdivision containing not more than four lots which has frontage on an existing public street and which does not require any new municipal street, street extension, or extension of municipal facilities.

Preliminary subdivision plat procedures.

(1) Submission of proposed plat. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Village Clerk, at least 14 days prior to the regular meeting of the Planning Board, eight copies of a proposed plan of the subdivision which shall comply with the requirements of § 7-728 of the Village Law of the State of New York, along with the required fee, payable to the "Village of Nyack," as follows:

(a) Minor residential subdivision: $2,500 flat fee or $500 plus $500 per lot.
(b) Major residential subdivision: $5,000 flat fee or $1,000 plus $1,000 per lot.
(c) Nonresidential subdivision (commercial): $5,000 flat fee.
 

(2) Required information. The following documents shall be submitted as part of the preliminary plat:

(a) Eight copies of the preliminary plat prepared at a scale of not more than 100 nor less than 50 feet to the inch, showing the following items:

[1] Proposed subdivision name, name of Village and county in which it is located, date, true North point, scale, name and address of record owner, subdivider and engineer or surveyor, including license number and seal.
[2] The name of all subdivisions immediately adjacent and the name of the owners of record of all adjacent property.
[3] Zoning district, including exact boundary lines of district, if more than one district, and any proposed changes in the zoning district lines and/or the Zoning Chapter text applicable to the area to be subdivided.
[4] All parcels of land proposed to be dedicated to public use and the conditions of such dedication.
[5] Location of existing property lines, easements, buildings, watercourses, marshes, rock outcrops, wooded areas, significant trees, historically significant features, view corridors to the Hudson River along public rights-of-way and other significant existing features for the proposed subdivision and adjacent property.
[6] Location of existing sewers, water mains, culverts and drains on the property, with pipe sizes, grades and direction of flow.
[7] Contours with intervals of two feet or as required by the Board, including elevations on exiting roads. The grading plan shall show natural and proposed contours if such exceed a two-foot change.
[8] The width and location of any streets or public ways or places shown on the Official Map or the Master Plan within the area to be subdivided and the width, location, grades and street profiles of all streets or public ways proposed by the developer.
[9] The approximate location and size of all proposed water lines, valves and hydrants and sewer lines and fire-alarm boxes; connection to existing lines or alternate means of water supply.
[10] Storm drainage plan indicating the approximate location, size and type of storm drains and their proposed lines and profiles. Connection to existing lines or alternate means of disposal.
[11] Plans and cross sections showing the proposed location and type of sidewalks, streetlighting standards, trees, curbs, water mains, the character, width and depth of pavements and subbase, the location of manholes, basins and underground conduits, and any retaining walls proposed to be over four feet in height.
[12] Plans for sanitary sewers, connections to existing lines or alternate means of treatment and disposal.
[13] Preliminary designs of any bridges or culverts which may be required.
[14] The proposed lot lines, with approximate dimensions and area of each lot.
[15] Where the topography is such as to make difficult the inclusion of any of the required facilities within the public areas as laid out, the boundaries of proposed permanent easements or under private property. The permanent easements shall be of adequate width and shall provide satisfactory access to an existing public highway or other public highway or public open shown on the subdivision plat or the Official Village Zoning Map.
[16] An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified to by a licensed land surveyor. The corners of the tract shall also be located on the ground and marked by substantial monuments of such size and type as approved by the Village Engineer and shall be referenced and shown on the plat.
[17] A bulk table.
[18] A title abstract, and a municipal violation report indicating that the premises are free from violations.

(b) If the application covers only a part of the subdivider's entire holding, an accurate map of the entire tract, drawn at a scale of not more than 400 feet to the inch, showing an outline of the platted area with its proposed streets and indication of the probable future street system with its grades and drainage in the remaining portion of the tract and the probable future drainage layout of the entire tract. The part of the subdivider's entire holding submitted shall be considered in the light of the entire holding.

(c) A copy of such covenants or deed restrictions that are intended to cover all or part of the tract.

(3) Discussion. The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the requirements of these regulations for street improvements, drainage, sewage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information.

(4) Approval of preliminary plat.

(a) Submission of preliminary plats. All plats shall be submitted to the Planning Board for approval in final form; provided, however, the owner may submit or the Planning Board may require that the owner submit a preliminary plat for consideration. Such a preliminary plat shall be clearly marked "preliminary plat" and shall conform to the definition provided in this section.

(b) Coordination with the State Environmental Quality Review Act. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations. The Planning Board shall make a determination of lead agency status within a reasonable amount of time from its receipt of the preliminary plat.

(c) Receipt of a complete preliminary plat. A preliminary plat 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 in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion.

(d) Planning Board as lead agency under the State Environmental Quality Review Act; public hearing; notice; decision.

[1] Public hearing on preliminary plats. The time within which the Planning Board shall hold a public hearing on the preliminary plat shall be coordinated with any hearings the Planning Board may schedule pursuant to the State Environmental Quality Review Act, as follows:

[a] If such Board determines that the preparation of an environmental impact statement on the preliminary plat is not required, the public hearing on such plat shall be held within 62 days after the receipt of a complete preliminary plat by the Clerk of the Planning Board; or

[b] If such Board determines that an environmental impact statement is required, and a public hearing on the draft environmental impact statement is held, the public hearing on the preliminary plat and the draft environmental impact statement shall be held jointly within 62 days after the filing of the notice of completion of such draft environmental impact statement in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the public hearing on the preliminary plat shall be held within 62 days of filing the notice of completion.
 

[2] Public hearing; notice, length. The hearing on the preliminary plat shall be advertised at least once in a newspaper of general circulation in the Village at least five days before such hearing if no hearing is held 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 manner as it deems most appropriate for full public consideration of such preliminary plat. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.

 

[3] Decision. The Planning Board shall approve, with or without modification or disapprove such preliminary plat as follows:

[a] If the Planning Board determines that the preparation of an environmental impact statement on the preliminary plat is not required, such Board shall make its decision within 62 days after the close of the public hearing; or

[b] 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 in accordance with the provisions of the State Environmental Quality Review Act. If no 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 the public hearing on the preliminary 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 preliminary plat.
 

[4] Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. When so approving a preliminary plat, the Planning Board shall state in writing any modifications it deems necessary for submission of the plat in final form.
 

(e) Planning Board not as lead agency under the State Environmental Quality Review Act; public hearing; notice; decision.

[1] Public hearing on preliminary plats. The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the preliminary plat jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement, or if no public hearing is held on the draft environmental impact statement, the Planning Board shall hold the public hearing on the preliminary plat within 62 days after the receipt of a complete preliminary plat by the Clerk of the Planning Board.

[2] Public hearing; notice, length. The hearing on the preliminary 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 manner as it deems most appropriate for full public consideration of such preliminary plat. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.

[3] Decision. The Planning Board shall by resolution approve, with or without modification, or disapprove the preliminary plat as follows:

[a] If the preparation of an environmental impact statement on the preliminary plat is not required, the Planning Board shall make its decision within 62 days after the close of the public hearing on the preliminary plat.
[b] If an environmental impact statement is required, the Planning Board shall make its own findings and its decision on the preliminary plat within 62 days after the close of the public hearing on such preliminary plat or within 30 days of the adoption of findings by the agency, whichever period is longer.
 

[4] Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. When so approving a preliminary plat, the Planning Board shall state in writing any modifications it deems necessary for submission of the plat in final form.

 

 

(f) Certification and filing of preliminary plat. Within five business days of the adoption of the resolution granting approval of such preliminary plat, such plat shall be certified by the Clerk of the Planning Board as having been granted preliminary approval, and a copy of the plat and resolution shall be filed in such Clerk's office. A copy of the resolution shall be mailed to the owner.

(g) Filing of decision on preliminary plat. Within five business days from the date of the adoption of the resolution stating the decision of the Board on the preliminary plat, the Chairman or other duly authorized member of the Planning Board shall cause a copy of such resolution to be filed in the office of the Village Clerk.

(h) Revocation of approval of preliminary plat. Within six months of the approval of the preliminary plat the owner must submit the plat in final form. If the final plat is not submitted within six months, approval of the preliminary plat may be revoked by the Planning Board.
 

Criteria.
The Planning Board shall study the practicability of the proposed subdivision plat, taking into consideration the requirements of the community and the best use of land being subdivided. Particular attention shall be given to the arrangement, location and width of streets; their relation to the topography of the land; preservation of view corridors to the Hudson River along existing public rights-of-way; water supply; sewage disposal; drainage; lot sizes and arrangement; the future development of adjoining lands as yet unsubdivided; neighborhood traffic patterns; and the requirements of the Master Plan, the Official Zoning Map and the zoning laws, and the comments of other interested/involved agencies (including but not limited to the Rockland County Planning Department; Rockland County Highway Department; Rockland County Drainage Agency; NYSDOT; NYSDEC; municipalities located within 1,000 feet of the proposed subdivision; New York State Thruway Authority; Rockland County Health Department).

See § 360-5.8: Subdivision of land for complete, detailed information about the subdivision of land.