§ A361-8. Preliminary layout., Article II. Subdivision Procedures, Chapter A361. Land Development, Appendix, Code of Ordinances, New Rochelle

A preliminary layout and other documents, as specified in § A361-12, shall be prepared by the subdivider in accordance with the general requirements and design standards specified in Article IV and conforming to the conclusions reached in regard to the preapplication above. In reviewing the preliminary layout, the 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.

Application for conditional approval of the preliminary layout shall be submitted in writing by the subdivider to the Board, together with the original and five prints of the preliminary layout, and other specified documents, at least 21 days prior to the meeting at which it is to be considered. A receipt from the Bureau of Buildings for the subdivision filing fee as set forth in Chapter 133, Fees, shall accompany the application. The Department of Development shall distribute prints to City Departments for review and comments. The Board shall hold a public hearing on the preliminary plat which shall be coordinated with any hearings held pursuant to the State Environmental Quality Review Act and such hearing shall be held within 62 days of either the filing of the notice of completion of the draft environmental impact statement or after receipt of the completed preliminary plat. Such hearing shall be advertised in a newspaper of general circulation at least once at least five days before the hearing if no hearing is held on the draft environmental impact statement and at least 14 days before the hearing if the hearing is held jointly with the hearing on the draft environmental impact statement.

The Commissioner of Development, or his designated representative, and the City Engineer shall review the preliminary layout and accompanying documents to ascertain their conformity to the Zoning Ordinance and to these regulations, then meet with the subdivider with regard to changes deemed advisable, and the kind and extent of improvements to be made.

Editor's Note: See Ch. 331, Zoning.

The Board shall approve, with or without modification, or disapprove such preliminary plat within 62 days after the close of the public hearing. Approval of the preliminary layout by the Board shall be designated conditional approval. Approval of a minor subdivision may not require a final plat approval but shall be considered final at this stage.

The conditions, if any, required by the Board shall be noted on the original and a print of the preliminary layout. The Commissioner of Development and one member of the Board shall sign said original and print as approved by the Board. The Board shall retain the original and return one print to the subdivider.

Conditional approval of the preliminary layout shall not constitute approval of any subsequent plat except for minor subdivisions. Rather, it is an expression of approval of the general design submitted to be used as a guide for the preparation of the plat to be submitted to the Board for its approval. For the protection of the subdivider, it is stressed that the Board's approval of the preliminary layout be secured before undertaking the final surveys of streets and lots and final construction plans, and that the start of any grading or street construction work await approval of the plat by the Board.