Whenever any subdivision of land is proposed within the territorial jurisdiction of the Board, and before any permit for the development of such land or for the erection of a structure thereon will be granted, the subdividing owner or his authorized agent shall apply for and secure approval of the proposed subdivision in accordance with these regulations. Three principal steps are involved, namely:
A. 
Preapplication procedure.
B. 
Procedure for conditional approval of preliminary layout.
C. 
Procedure for approval of subdivision plat.
[Amended 11-15-2005 by L.L. No. 12-2005]
A. 
The preapplication meeting. Prior to the filing of an application for conditional approval of a subdivision or partition, the subdivider may engage in one or more preapplication meetings with the Planning Board to discuss the plan informally. Prior to any such meeting, the subdivider shall pay a fee in an amount established by the Board of Trustees. The plan shall comply with the requirements of a plan to be submitted for conditional approval. There shall be no engineering or Building Department review of this plan in advance of the informal meeting, and to the extent that the Board provides feedback to the subdivider about the plan, it shall in no way bind the Board or otherwise suggest the Board's approval or endorsement of the plan. If the subdivider so chooses, he may forgo the informal meeting and submit an application for subdivision or partition. Whether or not there should be more than one such preapplication meeting shall be in the discretion of the Board.
B. 
Purpose of meeting.
(1) 
The purpose of the preapplication meeting(s) is to afford the subdivider an opportunity to consult with the Planning Board before submission of an application in order to save time and unnecessary expense, and to get a general sense of the Board's reaction to the informally proposed subdivision.
(2) 
The subdivider shall become familiar with the subdivision rules and regulations, and its requirements, before requesting an informal meeting.
(3) 
The subdivider shall give written notice, by certified mail, return receipt requested, to the owners of all properties located in whole or in part within 200 feet from any part of the subject property, at least seven business days prior to the preapplication meeting, or prior to submitting an application for conditional approval, to advise them of the intention to subdivide, and to consult with them about how the subdivider's goals can be accomplished consistent with the interests of such owners in the use and enjoyment of their property. Proof of such mailing shall be filed with the Village Clerk at least one day prior to the meeting.
A. 
Application and fee.
(1) 
If the subdivider shall request the consideration of the Board of a preliminary layout, 10 copies of the preliminary layout, which shall in all respects comply with these regulations, shall be presented to the Village Clerk at least 10 days prior to the meeting of the Board at which it is requested to be considered. The preliminary layout shall be accompanied by a fee, payable to the Village of Oyster Bay Cove, in the amount appearing in the fee schedule established by the Village Board.[1] Upon receipt of the preliminary layout and payment of fee, the Village Clerk shall forthwith deliver the preliminary layout to the Board.
[1]
Editor's Note: See Ch. 162, Fees and Deposits.
(2) 
By submitting an application, the subdivider shall be deemed to have consented to the entry upon the subject property by officials of the Village who are involved in the review and consideration of such application, at reasonable hours of the day, on any day of the week, including weekends and holidays. This consent shall remain in effect until all action with respect to the application is completed.
[Added 11-15-2005 by L.L. No. 12-2005]
B. 
Study of preliminary layout. It is recommended that the subdivider or his representative attend the Board meeting when the preliminary layout is considered. The Board will study the practicability of the preliminary layout, taking into consideration the requirements of Article IV. If, in the opinion of the Board, the size, character, effect on neighboring property, or other aspects of the proposed subdivision warrant, the Board may hold an informal public hearing on the preliminary layout.
C. 
Staking of proposed streets and field trip. To facilitate study of the preliminary layout in the field, the Board may require the subdivider to stake certain roads at intervals of 50 feet along their center lines. Each stake shall be marked for ready identification on the preliminary layout and shall show approximate height of proposed cut and fill at that point. The Board will schedule a field trip to the site of the proposed subdivision, which the subdivider should attend.
D. 
Action on preliminary layout. Following review of the preliminary layout and other material submitted in accordance with these regulations and discussion with the subdivider on changes deemed advisable and the kind and extent of improvements to be made by him, the Board shall authorize the preparation of the subdivision plat in accordance with the preliminary layout as submitted or modified by the Board. If the preliminary layout is entirely unsatisfactory, the Board shall either authorize the preparation of the subdivision plat in accordance with the preliminary layout with suggested modifications by the Board or reject the preliminary layout entirely, giving the reasons therefor.
E. 
Notation of action. The action of the Board shall be noted on two copies of the preliminary layout, referenced and attached to any changes or conditions required. One copy shall be returned to the subdivider and the other copy retained by the Board.
F. 
Effect of authorization. Authorization shall be deemed a tentative approval of the design submitted on the preliminary layout as a guide to the subdivider in the preparation of the subdivision plat.
A. 
Subdivision plat requirements. The subdivision plat shall conform substantially to the preliminary layout as tentatively approved by the Board and to the requirements of § 283-41. If desired by the subdivider, the subdivision plat may constitute only that portion of the approved preliminary layout which he proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of these regulations and, provided further, that such portion abuts at least one street duly placed upon the Official Map, which street shall be improved to the satisfaction of the Board.
B. 
Number of copies and time for submitting application. Ten copies of the subdivision plat, together with 10 copies of the construction plans and all other items required by these regulations, shall be prepared as specified in § 283-41, and shall be submitted to the Board within six months after the date of authorization of preparation of the subdivision plat; otherwise such authorization shall expire unless an extension of time is applied for and granted in writing by the Board.
C. 
Application and submission date. Application for approval of the subdivision plat shall be submitted by the owner or by his duly authorized agent in writing to the Board at least 10 days prior to the meeting at which it is to be considered. The subdivision plat shall be deemed to be officially submitted on the date of the meeting of the Board at which the subdivider shall have submitted the required application together with the subdivision plat, construction plans, and all other items required by these regulations including formal offer of cession in form as required by § 283-34B.
D. 
Endorsement of State Department of Health and public districts. Proposed water supply and sewerage service facilities in the subdivision shall be approved by the New York State Department of Health, pursuant to § 89 of the Public Health Law and by any water, water supply, drainage, improvement or sewer district having jurisdiction. Application for approval of plans for water supply and sewerage facilities may be filed with the Nassau County Department of Health. Endorsement of approval shall be obtained by the subdivider and submitted to the Board with the application for approval of subdivision plat.
E. 
Endorsement of Commissioner of Public Works. Pursuant to § 334-a of the Real Property Law, the Board will not consider approval of a subdivision plat unless the Commissioner of Public Works of Nassau County has endorsed on the plat a statement that he has approved the plans for grades of the streets shown on such map, and the drainage thereof. In the event that separate and distinct plans for grading and drainage are required by the said Commissioner, a copy of such plans shall be submitted to the Board with the application for approval of subdivision plat.
F. 
Approval by other planning authorities. Pursuant to Section 1610 of the County Government Law of Nassau County, the planning authority of each incorporated village adjacent to the Village of Oyster Bay Cove and the Nassau County Planning Commission where adjacent territory is unincorporated have the power and authority to approve plats within the Village and within 300 feet of the boundary thereof. When a proposed subdivision lies wholly or partially within 300 feet of the Village boundaries, the subdivider shall obtain the approval of the planning authority of the adjacent incorporated village and/or of the unincorporated territory, as the case may be, before the Board approves the subdivision plat.
G. 
Public hearing.
[Amended 11-15-2005 by L.L. No. 12-2005]
(1) 
Upon receipt of a completed application, and all required accompanying material, and upon payment of all required fees and deposits, the Planning Board shall cause a notice of public hearing to be published in the official Village newspaper at least 20 days before the public hearing date. At least 15 days prior to the hearing, the subdivider shall give notice, in a form provided by the Village Attorney, to the record owners of all property located in whole or in part within 1,000 feet of the boundaries of the property which is the subject of the subdivision application. If the subject property adjoins a private road, the subdivider also shall give such notice to the owners of all property adjoining the private road. Notice given by the subdivider as provided herein shall be given by certified mail, return receipt requested, and proof of such mailing, and all return receipts, shall be submitted to the Village Clerk at least three days prior to the public hearing. In the event that the date of the public hearing is changed or the hearing is adjourned or continued, the subdivider shall provide additional notice in the same manner with respect to the new and each adjourned or continued date of the public hearing.
(2) 
At the public hearing, the subdivider shall have an opportunity to give a brief presentation to the Board, and shall respond to questions posed by the Board and village representatives. At any public hearing with respect to an application, any interested person shall be given the opportunity to address the Board with respect to the proposed subdivision.
H. 
Action on subdivision plat. After the public hearing, the Board will consider the matter and, within 45 days after the official submission date, will approve, modify and approve, or disapprove the subdivision application by resolution which will set forth in detail any conditions to which approval is subject, or reasons for disapproval.
I. 
Revision of subdivision plat. The subdivider will be given a copy of the Board's resolution and, in the event that modifications are required, he shall revise the subdivision plat and construction plans to conform thereto.
A. 
Signing of subdivision plat. After completion of the final subdivision plat for recording and of construction plans in accordance with the Board's resolution, the original tracing and two prints of each shall be submitted to the Board for final review, within the time specified in the said resolution. Approval of the subdivision plat shall be endorsed thereon as follows:
(1) 
When a bond is filed. Approval of the plat shall be endorsed thereon after the bond has been approved and filed, and all of the conditions of the Board's resolution pertaining to the plat have been satisfied.
(2) 
When no bond is filed. Approval of the plat shall be endorsed thereon after all conditions of the Board's resolution have been satisfied and all required improvements completed to the satisfaction of the Board.
(3) 
Number of copies to be signed. Approval of the Board will be noted on the plat, and the Chairman and Secretary of the Board or, in the absence of the Chairman, the Vice Chairman will sign the tracing cloth original of the subdivision plat, which will be returned to the subdivider, and one print of the plat, which will be retained by the Board.
B. 
Filing plat with County Clerk. In accordance with the Village Law, the approved subdivision plat shall be filed by the subdivider with the Nassau County Clerk, Division of Land Records, within 90 days of the date of signing. The approval of any plat not so filed shall expire 90 days from the date of signing by the Board.
C. 
Submission of copies of filed maps. The subdivider shall submit two copies of the subdivision plat, containing the endorsement of the Nassau County Clerk, to the Secretary of the Board within 30 days of the date of filing.
D. 
Plat void if revised after signature. No changes, erasures, modifications, or revisions shall be made in any subdivision plat after approval has been granted by the Board and endorsed, in writing, on the plat. In the event that any subdivision plat, when recorded, contains any such changes, the plat shall be considered null and void, and the Board shall institute proceedings to have said plat stricken from the records of the County Clerk. Any erasures made on a plat prior to its signing shall be initialed by the Chairman or Vice Chairman of the Board at the time of signing.
[1]
Note: See § 238-28.
A. 
Application for approval. The procedure for approval of a partitioning and/or the development thereof, as defined herein, shall be the same as that for a subdivision. In cases where the Board finds, after study of the sketch plan, that the proposed lots would 1) each front on a street duly placed on the Official Map which street is improved to the satisfaction of the Board; 2) meet the lot size requirements of Chapter 320, Zoning, and the objectives of these regulations; and 3) such lots would not be directly related to a drainageway, as later defined in this subsection, the Board may waive the requirements for submission and approval of a preliminary layout and authorize the subdividing owner to prepare a subdivision plat for approval of the Board and for recording upon fulfillment of the requirements of the applicable sections of these regulations and the conditions stipulated in such waiver and authorization, if any. The drainageway referred to above is defined to mean the lands required for the installation of storm areas, drainage ditches, or drainage systems, including land required along a stream or watercourse for protecting the channel and providing for the flow of water therein to safeguard the public against flood and/or to conserve the water supply.
B. 
Waiver of filing. See § 283-43.
The procedure for approval of the development, as defined in § 283-6, of a plat entirely or partially undeveloped and which has been filed in the office of the Clerk of Nassau County prior to the appointment of the Board and the grant to such Board of authority to approve plats, shall be the same as that for a subdivision, pursuant to § 7-728 of the Village Law.