Complete applications to the Planning Board for Subdivision Plat Plan approval must be submitted to the Secretary of the Planning Board at the Village Hall at least 31 days prior to the Planning Board meeting in order to be placed on the agenda of that meeting for a public hearing. The number of copies of the application and exhibits to be presented to the Planning Board can vary depending upon the number of referrals to various agencies that will be required. Cash or a check in the proper amount, payable to the Village of Upper Nyack, must accompany the application to the Planning Board.
2. Publicizing the Public Hearing
A. Upon receipt of an application for review by the Planning Board, the Secretary will:
1. Arrange and publish the Notice of Public Hearing in the official newspaper, and post the notice at the Village Hall.
2. Provide the applicant with a copy of the Notice of Public Hearing and Affidavit.
3. Provide the applicant with a list of all property owners with 200 feet of the property that must be notified, by certified mail, of the public hearing.
4. Submit copies of the application to all agencies and consultants for the required review.
B. Upon receipt of the Notice of Public Hearing and the property owners list, the applicant will:
1. Send, by certified mail, a copy of the Notice of Public Hearing to each property owner on the list provided and submit the postal receipts to the Secretary.
2. Post a copy of the Notice of Public Hearing at 50′ intervals along the street frontage of the subject property not less than 5 days prior to the scheduled public hearing.
3. Submit to the Secretary the notarized Affidavit attesting to the posting of the notice at least 5 business days prior to the public hearing.
3. Review and response by consultants and other agencies
The Secretary will keep at least 1 copy of the application and exhibits available for public access at the Village Hall. The listed consultants and agencies will review the application and exhibits and transmit their comments to the Planning Board for consideration at the time of the Public Hearing.
The Secretary shall submit copies of the application and exhibits to the following:
a. Building Inspector
b. Village Engineer
c. Village Attorney
d. Planning Board Members
e. Rockland County Planning Department if the property is within 500 feet of the following:
Village boundary, County or State highway, County or State park, the Long Path.
(These referrals are required by the General Municipal Law and must be done immediately
as the Rockland County Planning Board has 30 days in which to respond.)
f. The Town of Clarkstown or Village of Nyack if the property is within 500 feet of the
g. Palisades Interstate Park Commission if the property adjoins the park or the action will
h. NY State Department of Transportation if the property adjoins a State road.
i. Rockland County Department of Health if a septic system or new sewer mains are required.
j. Orangetown Sewer
k. NY State Department of Environmental Conservation if the existence of a wetland on the
property is suspected.
l. Any additional agency known to be involved in the review process.
4. Preliminary review by the Planning Board
Procedures at the Planning Board Meeting:
a. The applicant may address the Planning Board and summarize the application and exhibits
that have been submitted for consideration.
b. The comments from the consultants and from other agencies will be read.
c. Members of the public may ask questions or make comments about the application under
d. The Planning Board will classify the proposed action under the State Environmental Quality
Review Act and will either complete an Environmental Assessment or request the applicant
to provide additional information necessary to do so. The Planning Board will then make a
positive, negative, or conditional negative declaration of environmental significance when it
has the necessary information.
5. After due consideration and review of the available information, the Planning board may take any of
the following actions:
a. Grant Preliminary approval of the application as submitted.
b. Grant approval of the application subject to any conditions set forth at the public
c. Grant final approval of the application, as submitted, with or without additional
d. Defer any decision on the application pending additional information from the applicant,
additional comments from the public, reports from the consultants or for other reasons.
e. Upon request from the applicant, the Planning Board may continue the public hearing at
a future date.
f. The Planning Board must make a decision on the application within 62 days of the close
of the public hearing, provided that all of the requested information has been received.
g. Disapprove the application for valid reasons.
6. Final Review by the Planning Board
a. When the applicant has fulfilled the conditions that were a part of the preliminary approval,
he or she shall submit revised drawings and such other documentation required to show
compliance to the Secretary of the Planning Board.
b. The Secretary will advise the applicant of the number of copies of the application and
documents that will be required at least 14 days prior to the date of the next Planning
c. The Secretary will transmit copies to the following: Building Inspector, Village Engineer,
Village Attorney, members of the Planning Board, retain 1 copy for the file.
d. After Final Approval of a subdivision is granted and before the reproducible copy of the
Final Plat is submitted to the Rockland County Clerk for filing, a copy of the plat shall be
delivered to the Planning Board .