Purpose. See
§ 360-5.8A.
Applicability. See
§ 360-5.8B
Final subdivision plat procedures.
(1) Plat for subdivision, application and fee. The subdivider shall file an application for the subdivision in the form described in hereof. The plat shall, in all respects, comply with the requirements set forth in § 7-728 of the Village Law of the State of New York. Unless an application fee has been previously paid with the submission of the preliminary subdivision plat, the application for approval of the final plat shall be accompanied by a fee of $5,000, or such fee as per the schedule adopted by the Board of Trustees and posted in the Building Department.
(2) Number of copies. Eight copies of the plat, accompanied by a fee and all data required in the following subsection, shall be presented to the Planning Board Clerk at least 14 days prior to a regular meeting of the Planning Board. The original and one true copy of all offers of cession, covenants and agreements must also be submitted.
(3) Required information.
(a) The plat to be filed with the County Clerk shall be printed upon Mylar. The size of the sheets shall be 20 inches by 20 inches or 20 inches by 40 inches, including a margin for binding of two inches outside of the border along the left side and a margin of one inch outside of the border along the remaining sides. The plat shall be drawn at a scale of not less than 30 feet or more than 100 feet to the inch and oriented with the North point at the top of the map. A vicinity plan scale not more than 1,000 feet to the inch shall be included. When more than one sheet is required, an additional index sheet of the same size shall be filed showing to scale the entire subdivision with lot and block numbers clearly legible.
(b) The plat shall show the following items:
[1] Proposed subdivision name or identifying title, the name of the Village and county, the name and address of the record owner and subdivider and the name, license number and seal of the licensed land surveyor.
[2] Street lines, pedestrian ways, lots, reservations, easements and areas to be dedicated to public use.
[3] Sufficient data acceptable to the Village Engineer to determine readily the location, bearing and length of every street line, lot line, boundary line and to reproduce such lines upon the ground. Where applicable, these should be referenced to monuments included in the state system of plane coordinates and, in any event, should be tied to reference points previously established by a public authority.
[4] The length and bearing of all straight lines, radii, length of curves and central angles of all curves and tangent bearings for each street. All dimensions and angles of the lines of each lot shall also be given. All dimensions shall be shown in feet and decimals of a foot. The plat shall show the boundaries of the property, location, graphic scale and true North point.
[5] By proper designation thereon, all public open spaces for which deeds are included and those spaces title to which is reserved by the developer. For any of the latter, there shall be submitted with the subdivision plat copies of agreements or other documents showing the manner in which such areas are to be maintained and the provisions made therefor.
[6] All offers of cession and covenants governing the maintenance of unceded open space shall bear the certificate of approval of the Village Attorney as to their legal sufficiency.
[7] Lots and blocks within a subdivision shall be numbered in alphabetical order in accordance with the prevailing Village practice and shall bear tax lot designations as duly assigned.
[8] Permanent reference monuments shall be shown and shall be constructed in accordance with specifications of the Village Engineer. When referenced to the state system of plane coordinates, they shall also conform to the requirements of the State Department of Transportation. They shall be placed as required by the Village Engineer and their location noted and referenced upon the plat.
[9] All lot corner markers shall be permanently located satisfactorily to the Village Engineer, at least 3/4 inch (if metal) in diameter and at least 24 inches in length and located in the ground to existing grade.
[10] Monuments of a type approved by the Village Engineer shall be set at all corners and angle points of the boundaries of the original tract to be subdivided and at all street intersections, angle points in street lines, points of curve and such intermediate points as shall be required by the Village Engineer.
(c) Construction drawings, including plans, profiles and typical cross sections as required, showing the proposed location, size and type of streets, sidewalks, streetlighting standards, street trees, existing significant trees, water mains, sanitary sewers and storm drains, pavements and subbase, manholes, catch basins and other facilities, and retaining walls proposed to be over four feet in height, shall also be submitted.
(d) Official submission date. The time of submission of the subdivision plat shall be considered to be the date of the regularly scheduled meeting of the Planning Board at least 14 days prior to which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by Article IV, § 50-20, of these regulations, has been filed with the Village Clerk.
(e) Endorsement by state and county agencies. Applications for approval of plans for sewer facilities shall be approved by the applicable sewer services agency (with proof of same provided to the Planning Board), and filed by the subdivider with appropriate Village, county (including the Rockland County Drainage Agency) and state agencies, and for water facilities with the Village's Water Department. Endorsement and approval by the Rockland County Department of Health, if required, shall be secured by the subdivider before submission of the subdivision plat.
(4) Final plats which are in substantial agreement with approved preliminary plats. When a final plat is submitted which the Planning Board deems to be in substantial agreement with a preliminary plat approved pursuant to this section, 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 of its receipt by the Clerk of the Planning Board.
(5) Final plats when no preliminary plat is required to be submitted; receipt of complete final plat. When no preliminary plat is required to be submitted, a final 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 such plat shall begin upon filing of such negative declaration or such notice of completion.
(6) Final plats not in substantial agreement with approved preliminary plats, or when no preliminary plat is required to be submitted. When a final plat is submitted which the Planning Board deems not to be in substantial agreement preliminary plat approved pursuant to this section, or when no preliminary plat is required to be submitted and a final plat clearly marked "final plat" is submitted conforming to the definition provided by this section, the following shall apply:
(a) Planning Board as lead agency; public hearing; notice; decision.
[1] Public hearing on final plats. 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, as follows:
[a] If such Board determines that the preparation of an environmental impact statement is not required, the public hearing on a final plat not in substantial agreement with a preliminary plat, or on final plat when no preliminary plat is required to be submitted, shall be held within 62 days after the receipt of a complete final 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 final 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 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 final plat shall be held within 62 days following filing of the notice of completion.
[2] Public hearing; notice, length. The hearing on the final 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 final plat. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
[3] Decision. The Planning Board shall make its decision on the final plat as follows:
[a] If such Board determines that the preparation of an environmental impact statement on the final plat is not required, 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; or
[b] If such 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 final plat. Within 30 days of the filing of the final environmental impact statement, the Planning Board shall issue findings on such final environmental impact statement and shall by resolution conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such 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.
(b) Planning Board not as lead agency; public hearing; notice; decision.
[1] Public hearing. The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the final 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 final plat within 62 days after the receipt of a complete final plat by the Clerk of the Planning Board.
[2] Public hearing; notice, length. The hearing on the final 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 final plat. The hearing on the final 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 conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat as follows:
[a] If the preparation of an environmental impact statement on the final plat is not required, the Planning Board shall make its decision within 62 days after the close of the public hearing on the final plat.
[b] If an environmental impact statement is required, the Planning Board shall make its own findings and its decision on the final plat within 62 days after the close of the public hearing on such final plat or within 30 days of the adoption of findings by the lead agency, whichever period is longer. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.
[c] The Planning Board shall, within 90 days of the meeting, make specific recommendations in writing to be incorporated by the applicant in the application for final approval. The Planning Board shall state any specific changes which it will require in the proposed subdivision plat; the character and extent of the required improvements fix 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; the amount of improvement or the amount of all bonds therefor which it will require as a prerequisite to the approval of the subdivision plat. If the final plat is not submitted within six months after approval of the preliminary plat, the Planning Board may require resubmission of the preliminary plat.
(7) Approval and certification of final plats.
(a) Certification of plat. Within five business days of the adoption of the resolution granting conditional or final approval of the final plat, such plat shall be certified by the Clerk of the Planning Board as having been granted conditional or final approval and a copy of such resolution and plat shall be filed in such Clerk's office. A copy of the resolution shall be mailed to the owner. In the case of a conditionally approved plat, such resolution shall include a statement of the requirements which, when completed, will authorize the signing thereof. Upon final approval of a final plat, or upon completion of such requirements of a conditionally approved plat, the plat shall be signed by the Chairperson of the Planning Board, or by a duly authorized officer of the Planning Board, and a Mylar copy of such signed plat shall be filed in the office of the Clerk of the Planning Board, filed with the Village Clerk, filed in the office of the Orangetown Tax Assessor (five copies), and filed in the office of the Rockland County Clerk. Additionally, in accordance with the Rockland County Stream Control Act, the Rockland County Drainage Agency must review, approve and sign all subdivision plats before they are filed in the office of the Rockland County Clerk.
(b) Approval of plat in sections. In granting conditional or final approval of a plat in final form, the Planning Board may permit the plat to be subdivided and developed in two or more sections and may in its resolution granting conditional or final approval state that such requirements as it deems necessary to insure the orderly development of the plat be completed before said sections may be signed by the duly authorized officer of the Planning Board. Conditional or final approval of the sections of a final plat may be granted concurrently with conditional or final approval of the entire plat, subject to any requirements imposed by the Planning Board.
(c) Duration of conditional approval of final plat. Conditional approval of the final plat shall expire within 180 days after the resolution granting such approval unless all requirements stated in such resolution have been certified as completed. The Planning Board may extend, by not more than two additional periods of 90 days each, the time in which a conditionally approved plat must be submitted for signature if, in the Planning Board's opinion, extension is warranted by the particular circumstances.
(d) Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made in any subdivision plat after approval has been given by the Planning Board and endorsed in writing on the plat, unless the plat is first resubmitted to the Planning Board and such Board approves any modifications. In the event that any such subdivision plat is recorded without complying with this requirement, or contrary to this provision, the same shall be considered null and void, and the Board shall institute proceedings to have the plat stricken from the records of the County Clerk.
