[HISTORY: Adopted by the Board of Trustees
of the Village of Upper Brookville 7-13-1993 by L.L. No. 1-1993.
Amendments noted where applicable.]
The following subdivisions of § 7-718
of the Village Law, as last amended by Chapter 663, Section 3, of
the Laws of 1992, are hereby amended in their application to the Village
of Upper Brookville as follows:
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§ 7-718 Planning Board; creation,
appointment.
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1.
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Authorization. The Board of Trustees of each
Village is hereby authorized by local law to create a Planning Board
consisting of five or seven members. Members and the Chairperson of
such Planning Board shall be appointed by the Mayor, subject to the
approval of the Board of Trustees. The Board of Trustees may, as part
of the local law creating said Planning Board, provide for the compensation
of Planning Board members. In approving such appointments, the Board
of Trustees may require Planning Board members to complete training
and continuing education courses in accordance with any local requirements
for the training of such members. The Planning Board of the Village
is hereby continued.
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3.
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Persons eligible for appointment. No person
who is a member of the Village Board of Appeals shall be eligible
for membership on such Planning Board. Only one member of the Board
of Trustees may be eligible and serve as a member of such Planning
Board.
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[Amended 7-15-2003 by L.L. No. 2-2003]
The following subdivisions of § 7-725-a
of the Village Law, as last amended by Chapter 458 of the Laws of
1997, are hereby amended in their application to the Village of Upper
Brookville as follows:
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§ 7-725-a Site plan review.
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2.
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Approval of site plans. (a) The Village Board
of Trustees may, as part of a local law adopted pursuant to this article
or other enabling law, authorize an officer, the Planning Board or
such other administrative body that it shall so designate, to review
and approve, approve with modifications or disapprove site plans,
prepared to specifications set forth in the local law and/or in regulations
of such authorized board or other administrative body. If such local
law provides for review and approval by an officer, it shall provide
that the decision of such officer may be appealed to the designated
planning board or such other administrative body by an aggrieved person.
Site plans shall show the arrangement, layout and design of the proposed
use of the land on said plan. The local law shall specify the land
uses that require site plan approval and the elements to be included
on plans submitted for approval. The required site plan elements which
are included in the local law may include, where appropriate, those
related to parking, means of access, screening, signs, landscaping,
architectural features, location and dimensions of buildings, adjacent
land uses and physical features meant to protect adjacent land uses
as well as any additional elements specified by the Village Board
of Trustees in such local law.
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6.
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Reservation of parkland or open space for conservation
purposes on site plans containing residential units.
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(a)
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Before such authorized board may approve a site
plan containing residential units, such site plan shall also show,
when required by such board, a park or parks suitably located for
playground or other recreational purposes or open space for conservation
purposes ("open space areas").
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(b)
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Land for park, playground or other recreational
purposes or open space areas may not be required until the authorized
board has made a finding that a proper case exists for requiring that
a park or parks be suitably located for playgrounds or other recreational
purposes or open space purposes within the Village. Such findings
shall include an evaluation of the present and anticipated future
needs for park and recreational facilities or open space areas in
the Village based on projected population growth and water conservation
and environmental needs to which the particular site plan will contribute.
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(c)
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In the event that the authorized board makes
a finding pursuant to Paragraph (b) of this subdivision that the proposed
site plan presents a proper case for requiring a park or parks suitably
located for playgrounds or other recreational purposes or open space
areas but that a suitable park or parks or open space areas of adequate
size to meet the requirements cannot be properly located on such site
plan, the authorized board may require a sum of money in lieu thereof
to be established by the Board of Trustees. In making such determination
of suitability, the board shall assess the size and suitability of
lands shown on the site plan which could be possible locations for
park or recreational facilities or open space areas, as well as practical
factors, including whether there is a need for additional facilities
in the Village. Any moneys required by the authorized board in lieu
of land for park, playground or other recreational purposes or open
space areas, pursuant to the provisions of this section, shall be
deposited into a trust fund to be used by the Village exclusively
for park, playground or other recreational purposes or open space
areas, including the acquisition of property.
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(d)
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Notwithstanding the foregoing provisions of
this subdivision, if the land included in a site plan under review
is a portion of a subdivision plat which has been reviewed and approved,
the authorized board shall credit the applicant for any land set aside
or money donated in lieu thereof under such subdivision plat approval.
In the event of resubdivision of such plat, nothing shall preclude
the additional reservation of parkland or money donated in lieu thereof.
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The following subdivision of § 7-725-b
of the Village Law, as last amended by Chapter 694, Section 4, of
the Laws of 1992, is hereby amended in its application to the Village
of Upper Brookville as follows:
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§ 7-725-b Approval of special
use permits.
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4.
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Conditions attached to the issuance of special
use permits. The authorized board shall have the authority to impose
such reasonable conditions and restrictions as are directly related
to and incidental to the proposed special use permits, including performance
and maintenance bonds or other security, to ensure compliance with
the conditions. Upon its granting of said special use permit, any
such conditions must be met in connection with the issuance of permits
by applicable enforcement agents or officers of the Village.
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The following subdivisions of § 7-730
of the Village Law, as last amended by Chapter 727, Section 6, of
the Laws of 1992, are hereby amended in their application to the Village
of Upper Brookville as follows:
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§ 7-730 Subdivision review;
approval of plats; additional requisites.
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4.
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Reservation of parkland on subdivision plats
containing residential units.
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(a)
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Before the Planning Board may approve a subdivision
plat containing residential units, such subdivision plat shall also
show, when required by such Board, a park or parks suitably located
for playground or other recreational purposes or open space for conservation
purposes.
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(b)
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Land for park, playground or other recreational
purposes or open space for conservation purposes ("open space areas")
may not be required until the Planning Board has made a finding that
a proper case exists for requiring that a park or parks or open space
be suitably located within the Village. Such findings shall include
an evaluation of the present and anticipated future needs for park
and recreational facilities in the Village based on projected population
growth to which the particular subdivision plat will contribute and
water conservation, wildlife preservation and environmental protection
needs of either the Village, adjacent community and region for open
space areas.
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(c)
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In the event that the Planning Board makes a
finding pursuant to Paragraph (b) of this subdivision that the proposed
subdivision plat presents a proper case for requiring a park or parks
suitably located for playgrounds or other recreational purposes or
open space areas but that a suitable park or parks or open space areas
of adequate size to meet the requirements cannot be properly located
on such subdivision plat, the Planning Board may require a sum of
money in lieu thereof, in an amount to be established by the Board
of Trustees. In making such determination of suitability, the Board
shall assess the size and suitability of land shown on the subdivision
plat which could be possible locations for park or recreational facilities
or open space areas as well as practical factors, including whether
there is a need for additional facilities in the Village. Any moneys
required by the Planning Board in lieu of land for park, playground
or other recreational purposes or open space areas pursuant to the
provisions of this section shall be deposited into a trust fund to
be used by the Village exclusively for park, playground or other recreational
purposes or open space areas, including the acquisition of property.
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(d)
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In the alternative to requiring parks or open
space areas, the Planning Board may require, subject to the provisions
of § 247 of the General Municipal Law, the granting of an
open space easement to the Village for any space or area on the plat
characterized by natural scenic beauty or whose existing natural condition
or present state, if retained, would enhance the present or potential
value of neighboring properties or enhance the conservation of natural
or scenic resources and habitat.
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9.
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Performance bond or other security.
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(a)
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Furnishing of performance bond or other security.
As an alternative to the installation of infrastructure and improvements
as above provided and the costs of the Village relating thereto, prior
to Planning Board approval, a performance bond or other security sufficient
to cover the full cost of the same, as estimated by the Planning Board
or a Village department designated by the Planning Board to make such
estimate, where such departmental estimate is deemed acceptable by
the Planning Board, shall be furnished to the Village by the owner.
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(b)
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Security where plat approved in sections. In
the event that the owner shall be authorized to file the approved
plat in sections, as provided in Subdivision 7(b) of § 7-728
of this article, approval of the plat may be granted upon the installation
of the required improvements in the section of the plat filed in the
office of the County Clerk or Register or the furnishing of security
covering the costs of such improvements. The owner shall not be permitted
to begin construction of buildings in any other section until such
section has been filed in the office of the County Clerk or Register
and the required improvements have been installed in such section
or a security covering the cost of such improvements is provided.
[Amended 9-19-2000 by L.L. No. 1-2000] | ||
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(c)
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Form of security. Any such security to cover
the estimated cost of public-type improvements and all Village expenses,
including engineering and legal expenses, relating thereto ("improvement
expenses") must be provided pursuant to a written security agreement
with the Village, approved by the Board of Trustees and also approved
by the Village Attorney as to form, sufficiency and manner of execution,
and shall be limited to: (i) a cash deposit and a performance bond
issued by a bonding or surety company; provided, however, that the
Planning Board may not require a cash deposit in excess of 25% of
the total estimated improvement expenses; (ii) the deposit of funds
in or a certificate of deposit issued by a bank or trust company located
and authorized to do business in this state; (iii) an irrevocable
letter of credit from a bank located and authorized to do business
in this state; (iv) obligations of the United States of America; or
(v) any obligations fully guaranteed as to interest and principal
by the United States of America having a market value at least equal
to the full cost of such improvement expenses. If not delivered to
the Village, such security shall be held in a Village account at a
bank or trust company.
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(d)
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Term of security agreement. Any such performance
bond or security agreement shall provide that the improvements shall
be installed within a period fixed by the Planning Board, but in no
case for a longer term than three years; provided, however, that the
provisions of such performance bond or security agreement may be modified
by the Planning Board with consent of the parties thereto to extend
the period in which such improvements shall be installed. If the Planning
Board shall decide at any time during said period that the extent
of building development that has taken place in the subdivision is
not sufficient to warrant all the improvements covered by such security
or that the required improvements have been installed as provided
in this section and by the Planning Board in sufficient amount to
warrant reduction in the amount of said security, and upon approval
by the Board of Trustees, the Planning Board may modify its requirements
for any or all such improvements, and the amount of such security
shall thereupon be reduced by an appropriate amount so that the new
amount will cover the cost in full of the amended list of improvements
required by the Planning Board.
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(e)
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Default of security agreement. In the event
that any required improvements have not been installed as provided
in this section within the period provided for in such performance
bond or security agreement, the Board of Trustees may thereupon declare
said performance bond or security agreement to be in default and collect
the sum remaining payable thereunder, and, upon the receipt of the
proceeds thereof, the Village shall install such improvements as are
covered by such security.
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[Added 9-19-2006 by L.L. No. 3-2006]
A.
Subdivision 16 of § 7-718 of the Village
Law, which section was last amended by Chapter 662 of the Laws of
2002, is hereby superseded and amended in its application to the Village
of Upper Brookville to read, in part, as follows:
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§ 7-718 Planning Board; creation;
appointment.
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16.
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Alternate members.
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a.
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A Village Board of Trustees may, by local law
or as a part of the local law creating the Planning Board, establish
alternate Planning Board member positions for purposes of substituting
for a member in the event such member is unable to participate because
of a conflict of interest or is otherwise absent. Alternate members
of the Planning Board shall be appointed by the Mayor, subject to
the approval of the Board of Trustees, for terms established by the
Village Board of Trustees.
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b.
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The Chairperson of the Planning Board may designate
an alternate member to substitute for a member when such member is
unable to participate because of a conflict of interest or is otherwise
absent on an application or matter before the Board. When so designated,
the alternate member shall possess all the powers and responsibilities
of such member of the Board. Such designation shall be entered into
the minutes of the initial Planning Board meeting at which the substitution
is made.
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c.
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All provisions of this section relating to Planning
Board member training and continuing education, attendance, conflict
of interest, compensation, eligibility, vacancy in office, removal,
and service on other boards, shall also apply to alternate members.
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B.
Pursuant to § 7-718, Subdivision 16, of
the Village Law as amended above, the Board of Trustees of the Incorporated
Village of Upper Brookville hereby establishes two positions of alternate
members to the Planning Board, each position to have a one-year term.
[Added 12-18-2012 by L.L. No. 4-2012]
A.
Purpose.
(1)
The Incorporated Village of Upper Brookville is concerned with protecting
the environment, particularly the Special Groundwater Protection Area,
and the preservation of the natural and scenic qualities of available
open and undeveloped land. To this purpose, the Village hereby empowers
the Planning Board under § 7-738 of the Village Law of the
State of New York to modify applicable provisions of the Village's
Zoning regulations for the purpose of approving development design
that preserves the natural and scenic qualities of open space. Flexibility
of development design of land can be the most effective way to preserve
open space, while allowing for development of land in the Village,
all without increased residential density.
(2)
The Oaks at Mill River, LLC, owner of a parcel of land of 97.16 acres
situated on the west side of Mill River Road, designated as Section
24, Block E, Lots 6, 11, 12A, 12B, 12C, 16, 25, and 1060 on the Nassau
County Land and Tax Map ("the premises"), applied to the Planning
Board to subdivide its property. The Planning Board, as part of its
requirement that a draft environmental impact statement (DEIS) be
prepared for the project, has determined that due to the steep slopes,
natural water collection areas, and other natural characteristics
of the premises and its surroundings that conventional subdivision
of the premises would result in: a) the undesirable destruction of
native woodland and precious animal habitat; b) over cutting and filling
of land which would produce undesirable and excessive traffic, dust,
noise and hazards during construction; and c) the creation of undesirable
and harmful drainage, erosion and hazardous runoff conditions, all
to the detriment to the residents of the Village and the surrounding
areas. The potential detrimental consequences of these adverse and
undesirable conditions resulting from a conventional subdivision provide
sufficient reason to authorize the Planning Board to require the owner
of the premises to utilize procedures allowed by § 7-738
of the Village Law as conditioned herein. The Board of Trustees and
Planning Board have also determined that the procedures under § 7-738
of the Village Law would permit consideration and implementation of
flexible land utilization and design concepts, which will enable the
use of beneficial planning, design and development techniques in order
to preserve the natural and unique attributes of the premises in harmony
with the Village's Zoning Regulations and Comprehensive Plan,
all in compliance with the density requirements of the Village's
Zoning Code.[1]
B.
Planning Board authorization.
(1)
The Board of Trustees of the Incorporated Village of Upper Brookville,
pursuant to § 7-738 of the Village Law of the State of New
York, authorizes the Village Planning Board simultaneously with its
approval of a subdivision application to modify applicable provisions
of the Zoning Code as permitted by § 7-738 of the Village
Law for the below-designated premises, subject to the conditions set
forth herein.
(2)
The authorization granted in Subsection B(1) above shall include the power to:
(a)
Require the owner of the premises to develop the premises as
permitted by § 7-738 of the Village Law having any of the
following criteria: steep slopes, freshwater wetlands, native woodland,
animal habitat and other environmentally sensitive characteristics
in order to prevent the destruction thereof on and adjacent to the
premises in order to protect the environment; and
(b)
Modify dimensional zoning requirements, including lot area,
building volume, building height, setback, land coverage, lot dimensions,
street frontage, etc., subject to the following limitations:
[1]
All lots and structures shall be subject to and developed only for the establishment of a single-family detached dwelling and customary accessory uses and in a manner not less restrictive than the area, yard, dimensional (except frontage) and bulk requirements of § 205-10, Subsections D and E, of the Code of the Village of Upper Brookville applicable to the R-1 (two-acre) Residence District.
[2]
The authorization under this section, shall apply only to lands
located and designated as Section 24, Block E, Lots 6, 11, 12A, 12B,
12C, 16, 25, and 1060, as shown on the Nassau County Land and Tax
Map which are located in the Village's OP-1 (five-acre) District,
provided that the Planning Board, in its sole judgment and discretion,
determines that conservation or open space subdivision development
is the most appropriate alternative as herein provided.
(3)
The Planning Board is not authorized by this section to approve an
increase in the number of dwelling units or the change or intensity
in the use of land from that which would be permitted if the premises
were subdivided, for conventional development in the Planning Board's
judgment, in conformity with the Subdivision Rules and Regulations[2] and the Zoning Code.[3]
(4)
In its approval of the subdivision application under this section,
the Planning Board shall:
(a)
Establish such conditions and requirements for the premises
for the development of individual lots and for the ownership, use
and maintenance of open land ("conservation area") as it deems necessary
to insure the preservation of such land for its intended purpose as
permitted by § 247 of the General Municipal Law and Article
49, Title 3, of the Environmental Conservation Law. It is hereby required
that such conditions as to any conservation area be approved by the
Board of Trustees before the plat may be approved for filing.
(b)
Have the power to approve, disapprove or modify site plans and the exterior architectural design, materials, construction and appearance of all structures and their location, subject to the limitations in Subsection B(2) above, to insure that all structures are compatible with the character of the Village and will not have an adverse affect on neighboring properties.
(c)
Be authorized to negotiate and require an agreement with the
owner of the premises in regard to the protection and restoration
of Village infrastructure relating to the project, which agreement
shall be subject to the approval of the Board of Trustees.
(d)
Be authorized to utilize the services of planning consultants,
engineers, architects, attorneys and such other outside consultants
as that Board deems necessary in order to provide the necessary expertise
in review of such conservation or open space development plan and
to require the owner of the premises to pay the reasonable cost of
same.
