This article shall be known as and cited as the "Planning Board
Law" of the Incorporated Village of Farmingdale.
A.
There
shall be a Planning Board of five members pursuant to the provisions
of the Village Law. Each member shall be appointed by the Mayor, subject
to the approval of the Board of Trustees.
B.
The term
of each member of the Planning Board shall be five official years.
If a vacancy shall occur otherwise than by the expiration of term,
it shall be filled by appointment by the Mayor for the unexpired term.
C.
The Mayor,
subject to the approval of the Board of Trustees, may appoint not
more than three alternate members of the Planning Board. Each such
alternate member shall attend meetings of the Planning Board and participate
in its deliberations but shall vote only in the event that a member
of the Planning Board is absent or otherwise unable to act with respect
to a particular matter. When acting pursuant to the authority provided
hereby, such alternate member shall have all of the rights and privileges
of a member of the Planning Board. This subsection is adopted pursuant
to the authority granted by § § 10, Subdivision (1)(ii)(e)(3),
of the Municipal Home Rule Law and shall supersede any provision of
the Village Law which is inconsistent herewith.
D.
The Mayor,
subject to the approval of the Board of Trustees, shall each year
designate one member of the Planning Board as Chairperson who shall
serve until the commencement of the next official year or until a
successor has been designated and qualified. The Chairperson shall
have the duties and powers set forth in § § 7-718 of
the Village Law. This subsection is adopted pursuant to the authority
granted by § 10, Subdivision (1)(ii)(e)(3), of the Municipal
Home Rule Law and shall supersede any provision of the Village Law
which is inconsistent herewith.
E.
In making
appointments to the Planning Board, the Mayor and Board of Trustees
may require Planning Board members to complete training and continuing
education courses.
F.
The Mayor,
subject to the approval of the Board of Trustees, shall be authorized
to appoint a Secretary to the Planning Board.
[Amended 8-5-2019 by L.L.
No. 3-2019]
The Planning Board of the Village of Farmingdale is hereby authorized
and empowered to:
A.
Upon the request of the Board of Trustees, study, report and make
recommendations on any proposed final action to be taken by the Board
of Trustees:
(1)
To change or add to the Official Map of the Village so as to
create or abandon streets, highways or parks or to change the Village
Zoning Map or the Village Code provisions on zoning and related matters;
(2)
To adopt or change any map of the Village or any part thereof
relating to extensions or relocations into new areas of primary elements
of the storm drainage or sanitary sewerage systems or the water distribution
pipe system, but excluding replacements or reinforcements to meet
operating problems;
(3)
With respect to the location and site plan for public buildings
and the location and development of bridges, statues or monuments,
parking areas, parks, parkways, squares, playgrounds or recreation
grounds or public open spaces in the Village;
(4)
Review site plans and make recommendations to the Board of Trustees;
(5)
Review plats showing lots, blocks or sites, with or without
streets or highways and make recommendations to the Board of Trustees;
(6)
Review subdivision applications submitted pursuant to Village
Law § 7-728 and make recommendations to the Board of Trustees.
B.
Advertise and hold public hearings when the Planning Board desires
or when required by law or the Planning Board's rules and regulations.
C.
Consider changes to the rules and regulations relating to any subject
matter over which the Planning Board has jurisdiction, after a public
hearing. Recommendations for changes to the rules and regulations
shall be made to the Board of Trustees, and adoption shall be by local
law.
D.
Make recommendations to the Board of Trustees on monetary payments
in lieu of land donations in new subdivisions, pursuant to Village
Law § 7-730, Subdivision (4)(c).
E.
Require such performance bonds, letters of credit, insurance and
warranties as may be provided for under Article 7 of the Village Law.
F.
Employ experts, clerks and a secretary and pay for the services and
impose such reasonable conditions and safeguards as it may deem appropriate
in connection with the approval of any application, the cost thereof
to be paid by the applicant.
G.
Consider and report on such other matters as may from time to time
be referred to the Planning Board by the Board of Trustees.
H.
Exercise such further powers as may be delegated by resolution or
local law adopted or enacted by the Board of Trustees or conferred
on planning boards by state law.
[Amended 8-5-2019 by L.L.
No. 3-2019]
A.
No land may be subdivided without the approval of the Board of Trustees
following the review and report of the Planning Board, in accordance
with the provisions of this article. Required submissions, as set
forth in this article, may be waived when the Board of Trustees determines
that compliance is unnecessary for the comprehensive review of the
proposed subdivision. In addition, the Board of Trustees or Planning
Board may require additional information that it determines to be
necessary to its review.
B.
Where subdivision review is required, no building permit or certificate
of occupancy shall be issued by the Superintendent of Buildings, except
upon authorization of and in conformity with this article.
C.
In all cases where a variance or special use permit is required,
the applicant shall first obtain a variance from the Zoning Board
of Appeals, or a special use permit from the appropriate reviewing
board, before proceeding with subdivision review.
[Amended 8-5-2019 by L.L.
No. 3-2019]
A.
Administrative review by the Superintendent of Buildings and Superintendent
of Public Works.
(1)
Prior to a formal submission to the Building Department, the
applicant shall meet with a representative of the Building Department
to review the proposed subdivision. The applicant shall submit an
informal plan which shows the following:
(a)
General layout of roads, blocks and lots.
(b)
Areas of land reservations or open space.
(c)
Proposed street improvements and utilities, including water
supply, sewage disposal, storm drainage, electricity, fire protection,
lighting and landscaping.
(d)
Availability of existing public services, such as police, fire,
sanitation, recreation and schools.
(2)
The Superintendent of Buildings shall refer the plan to the
Superintendent of Public Works, who shall address all engineering
issues, and may also refer the plan for comment to any Village department
that is relevant to the review of the plan.
B.
Formal submission.
(1)
A subdivision application shall be submitted along with a preliminary
plat which shall be prepared by a New-York-State-registered architect,
licensed professional engineer or licensed land surveyor. The preliminary
plat shall be submitted to the Superintendent of Buildings and Superintendent
of Public Works, who shall review the plan and prepare recommendations
on all zoning and engineering issues, including, but not limited to,
streets and cul-de-sac dimensions, sewage, water, drainage, electric,
traffic, and fire protection access that are included in or affected
by the plan. In addition, the Superintendent of Buildings or Public
Works may refer the proposal to any other Village department relevant
to the review of the submission for recommendations on all subdivision
issues included in or affected by the plan.
(2)
Final plat. When required by the Board of Trustees, the final
plat shall be submitted to the Planning Board for its approval and
shall include the following:
C.
Fees.
(1)
All submissions for subdivision approval shall be accompanied
by a fee, which shall be established from time to time by resolution
of the Board of Trustees.
(2)
Such fees do not cover the cost of the Village's review of an
environmental assessment form (EAF) or an environmental impact statement
(EIS), if an EIS is determined to be necessary. The applicant shall
be responsible for the total cost of any environmental review that
is determined by the Superintendent of Buildings, the Superintendent
of Public Works, the Planning Board or the Board of Trustees to be
necessary to meet the requirements of the State Environmental Quality
Review Act (SEQRA).
D.
Required submissions to be provided prior to referring an application
to the Planning Board for a public hearing:
(1)
An application for subdivision review shall not be accepted
by the Village and shall not be referred to the Planning Board for
a public hearing until the Superintendent of Buildings determines
it to be complete, in accordance with the provisions of this chapter.
(2)
Completeness. No application shall be deemed complete unless
it meets the information requirements listed in this section, and
unless it is accompanied by the required environmental assessment
form (EAF).
(3)
Submission requirements. The following items must be submitted
with an application for subdivision review:
(a)
Subdivision review application on a form provided by or approved
by the Superintendent of Buildings.
(b)
The name and address of the applicant and licensed professionals
engaged to work on the project shall be shown. Where the applicant
or owner is a corporation, this shall include the names and addresses
of all officers, directors and principal stockholders.
(c)
Filing fee.
(d)
Twelve plot plans prepared by a professional engineer, registered
architect or professional licensed land surveyor, which shall show
the following:
[1]
For each lot, the proposed setback, side yards, rear yard and
plot area coverage.
[2]
Proposed and existing elevations of the four corners of the
subject property and elevation of adjacent properties.
[3]
Location of driveways, curb cuts, roads and pedestrian walkways.
[4]
All means of vehicular access and egress to and from the subdivision
onto public streets, and design and type of construction of all pedestrian
access and circulation.
[5]
Location of outdoor storage, including but not limited to materials,
refuse and similar items.
[6]
Any proposed streets and culs-de-sac, showing the width and
grade.
[7]
Location and size of any required dry well(s).
[8]
The title of the drawing, including the name and address of
the applicant, the owner and the person responsible for preparation
of such drawings and date.
[9]
North arrow, with the true north direction at the top of the
map.
[10]
The location of existing water mains, culverts
and drains on the property, with pipe sizes, grades and direction
of flow.
[11]
Location and design of all existing and proposed
site improvements, including walls, fences, hedges and screen plantings
and all existing trees on the subject property which have at least
one trunk of eight inches in diameter or greater, at a height of 4 1/2
feet above the ground.
[12]
Location of fire and other emergency zones, including
the location of fire hydrants.
[13]
Location and design of all utilities, including
electrical, gas and solar energy, telephone and cable television.
[14]
Location, size, design and type of construction
of all proposed signs.
[15]
Local and proposed development of all buffer areas,
including existing vegetative cover.
[16]
Location and design of outdoor lighting facilities
and means of illumination showing lighting levels achieved over the
entire site.
[17]
General landscaping plan and planting schedule.
[18]
Existing reference monuments with their symbol
and additional monuments as required.
[19]
Title of the proposed subdivision.
[20]
Key map at a scale of 250 feet to the inch and
location diagram at a scale of 3,000 feet to the inch.
(e)
Certified survey of the property to be subdivided that has been
prepared no more than one year prior to submission.
(f)
Twelve copies of a radius map, which shall include the following
information:
[1]
Radius map from the Village Tax Map showing all lots within
a radius of 200 feet from all corners of the property in question,
designating map name, block, lot(s), street addresses, size of plot
and name of the owner of each parcel within said radius in accordance
with the Village tax description.
[2]
Existing school, zoning and special district boundaries.
(g)
If applicable, setback from the street line of all existing
dwellings on the same side of the street within the same block of
the proposed dwelling or dwellings.
(h)
Reservations, easements and areas to be dedicated to public
use, if any.
(i)
Existing site conditions, which shall include the location of
existing buildings and, if applicable, water bodies, floodplains,
and floodplain boundaries as determined by the Federal Emergency Management
Agency, watercourses, marshes, rock outcrops, wooded areas, existing
vegetative cover, all trees eight inches in diameter or greater at
a height of 4 1/2 feet above the ground, and other significant
existing features on the site. This submission shall include a report
of any trees of the above-stated dimensions that have been removed
within a twelve-month period prior to the subdivision application,
along with a tree replacement plan satisfactory to the Superintendent
of Buildings.
(j)
If the building plot is a split-off from an existing plot with
dwelling, 12 surveys of the existing dwelling and all structures showing
setback side yards, front yard, rear yard, and plot area coverage.
(k)
The extent and amount of cut and fill for all disturbed areas,
including before-and-after profiles and cross section of typical development
areas, parking lots and roads, and including any erosion and sedimentation
control plan, if applicable.
(l)
Lines and dimensions of all property offered, or to be offered,
for dedication for public use, indicating the purpose of all property
that is proposed to be served by deed covenant for the common use
of the property owners of the development.
(m)
Any park to be developed for a playground or other recreational
purpose.
(n)
Estimated project construction schedule and completion date,
after all requisite approvals have been obtained.
(o)
Identification of any federal, state or county permits required
for project execution.
(p)
Record of application and approval status of all necessary permits
from federal, state and county agencies or authorities.
(q)
A copy of any covenants or deed restrictions that are intended
to cover all or any part of the tract.
(r)
Existing contours with intervals of two feet or less, referring
to Village of Farmingdale datum and showing at least one benchmark.
(s)
All proposed lots, easements and public and community areas;
all proposed streets with profiles indicating grading and cross sections
showing width of roadway, location and width of sidewalk and location
and size of utility lines according to the standards and specifications
established or approved by the Superintendent of Buildings and the
Village of Farmingdale.
(t)
A description of the method of public water supply, stormwater
and sewage disposal and the location of such facilities and estimated
volumes.
(u)
Identification of the location and amount of building area proposed
for each intended use, including storage and common areas.
(v)
Other elements integral to the proposed development as considered
necessary by the Planning Board, including but not limited to traffic
studies, elevations and scale models.
(w)
Any other information that may be required by the Superintendent
of Buildings, Public Works, Planning Board or Board of Trustees.
[Amended 8-5-2019 by L.L.
No. 3-2019]
A.
Every referral by the Superintendent of Buildings to the Board of
Trustees for public hearing and action on an application for subdivision
review shall be accompanied by a report prepared by the Planning Board,
the Superintendent of Buildings and Public Works and any other Village
department which has reviewed the formal submission. The report shall
state that the application is complete, and shall include all required
submissions and recommendations.
B.
Scheduling of public hearing. Upon the acceptance of a completed
application, the application shall be scheduled for a public hearing
in accordance with New York State Village Law § 7-728 before
the Board of Trustees. The application shall also be referred to the
Planning Board. The Planning Board shall review the application pursuant
to this chapter and forward its report and recommendation the Board
of Trustees. The public hearing shall be scheduled to review the preliminary
plat, in accordance with § 7-728(5)(2). At the conclusion
of the public hearing, the Board of Trustees shall have the option
to either convert the preliminary plat into a final plat or to direct
the developer to prepare a final plat, for review at a subsequent
public hearing, in accordance with New York State Village Law § 7-728(6).
Prior to exercising its option to convert the preliminary plat into
a final plat, the Board of Trustees shall take into consideration
any comments from the Planning Board, the public and the Superintendent
of Buildings and Public Works in making this determination.
C.
Compliance with State Environmental Quality Review Act (SEQRA). For
its review of any subdivision, the Board of Trustees shall comply
with SEQRA and its implementing regulations and shall conduct and
complete its SEQRA review in coordination with commencing the public
hearing on the review of the plats, and in accordance with New York
State Village Law.
D.
Notice to property owners within a 200-foot radius. The public hearing
shall not commence unless the applicant has provided the Board of
Trustees with the following:
(1)
Names and addresses of owners, designating the map name, block,
and lot(s) in accordance with the Village tax description.
(2)
Proof that notice, by certified mail, return receipt requested,
has been provided to all owners within the required 200-foot radius
at least 10 days, and no more than 25 days, before the scheduled hearing
date. The notice to the owners must state the nature of the application,
date of hearing, location, and address of the property to the satisfaction
of the Superintendent of Buildings.
(3)
Certified mail receipts given to the Secretary of the Planning
Board no later than two days before the date of the meeting.
[Amended 8-5-2019 by L.L.
No. 3-2019]
A.
In reviewing an application for subdivision approval, the Board of Trustees shall consider the requirements and recommendations submitted by the Planning Board, the Superintendent of Buildings and Public Works, as well as requirements and recommendations of any other Village department which has reviewed the application. The Planning Board's report and recommendation to the Board of Trustees shall consider the factors enumerated in § 600-242B.
B.
The Board of Trustees shall consider the:
(1)
Relationship of and compatibility of the proposed development
to the surrounding neighborhood.
(2)
Ecological considerations, including the adequacy of water supply,
electrical power, preservation of trees, preservation of topography,
preservation of environmentally sensitive land, natural resources,
and tree replacement.
(3)
Adequacy of proposed sidewalks, streets and culs-de-sac, including
length, width and suitable grade, and the ability of proposed streets
to facilitate and provide access, ingress, egress and maneuverability
of firefighting equipment and waste-collection vehicles.
(4)
Adequacy of proposed streets to create a safe vehicular and
pedestrian traffic system to mitigate the impact to adjacent properties
and to minimize the impact to off-site properties from traffic generated
by the development.
(5)
Adequacy of proposed streets to complement adjacent street systems.
(6)
Adequacy of proposed design of streets to ensure that they are
of sufficient width and suitable grade and suitably located to accommodate
the prospective traffic.
(7)
Adequacy of storm drainage facilities, sanitary sewer systems,
waste disposal facilities, utility services, and water mains, as determined
by the Superintendent of Public Works or a New-York-State-licensed
professional acceptable to the Board of Trustees to ensure that the
lots that result from the subdivision can be adequately drained without
damaging neighboring properties.
(8)
Traffic impact on surrounding streets and on the Village overall
to ensure adequate access, visibility and safety.
(9)
Adequacy of on-site circulation, including but not limited to
the arrangement of vehicular traffic, ingress and egress, driveway
connections to public streets, intersections, road widths and traffic
control, with satisfactory access for emergency vehicles and maintenance
equipment.
(10)
On-site pedestrian and bicyclist circulation, including but
not limited to the separation of pedestrian traffic from vehicular
traffic, and locations of walkways and intersections.
(11)
Provision of parkland or recreation area.
(12)
Conformance to local comprehensive plan, local zoning and land
use controls.
(13)
Compliance with County Department of Health and Department of
Public Works requirements.
(14)
Compliance with New York State Department of Transportation
requirements, where applicable.
[Amended 2-6-2017 by L.L.
No. 4-2017; 8-5-2019 by L.L. No. 3-2019]
A.
Required referrals, decisions, notice of decision, and filing of decision shall be made in accordance with New York State Village Law § 7-728(7), (9) and (11), and shall include findings of fact pertaining to the general standards set forth in § 600-242.
B.
Following its review of the Planning Board report and recommendation,
the Board of Trustees shall act by written resolution to approve,
disapprove, or approve with modifications, the subdivision plans.
A resolution of either approval or approval with modifications shall
include the Board of Trustees' authorization to the Mayor to stamp
and sign the subdivision plan upon the applicant's compliance with
the submission requirements stated therein.
C.
If the Board of Trustees' resolution includes a requirement that
modifications be incorporated into the subdivision plan, conformance
with the modifications shall be considered a condition of approval
and shall be satisfied prior to signing of the subdivision.
D.
If the subdivision is disapproved, the Board of Trustees' resolution
shall state specific reasons for such decision. The reasons must be
based upon professional standards and may not be based upon generalized
community opposition to a particular project.
E.
Upon approval or approval with modifications, the Superintendent
of Buildings shall issue the appropriate permit if the project conforms
to all other applicable requirements.
F.
Upon disapproval, the Board of Trustees shall inform the Superintendent
of Buildings, in writing, who shall not issue a building permit for
the proposed use or action.
G.
No time limit upon which the Board of Trustees shall be required
to act shall begin to run until the conclusion of the public hearings
on the subdivision and the issuance of SEQRA findings. Failure on
the part of the Board of Trustees to act within the time limits set
forth in New York State Village Law § 7-728(6) and (7) shall
not be deemed to constitute approval. Any time limits may be extended
at the sole discretion of the Board of Trustees.
[Amended 8-5-2019 by L.L.
No. 3-2019]
A.
After receiving approval from the Board of Trustees, with or without
modifications, the applicant shall, within six calendar months, submit
originals of the approved subdivision plat to the Board of Trustees
for stamping and signature by the Mayor. The subdivision plat submitted
for stamping shall conform strictly to the subdivision plat approved
by the Board of Trustees, except that it shall further incorporate
any revisions or other modifications required by the Board of Trustees'
resolution.
B.
Upon stamping and signature by the Mayor, the Board of Trustees shall
forward a copy of the approved subdivision plat to the Superintendent
of Buildings and the applicant.
[Amended 8-5-2019 by L.L.
No. 3-2019]
A.
Legislative intent. The Board of Trustees finds that the provision
of parkland and recreation facilities in conjunction with a development
containing residential units is necessary to meet the needs of its
residents. Where it is not practical for a particular development
to provide parkland and recreational facilities, the Board of Trustees
finds that in lieu of providing such facilities, funds shall be deposited
with the Incorporated Village of Farmingdale to be used exclusively
for parks, playgrounds or recreation facilities, including the acquisition
of property.
B.
Before the Board of Trustees may approve a subdivision, the subdivision plat shall also show, when required by such Board of Trustees, a park or parks suitably located for playground or other recreational facilities in accordance with Chapter 264.
C.
Land for park, playground or other recreational facilities may not
be required until the Board of Trustees has made a finding that a
proper case exists for requiring that a park, or parks, be suitably
located for playgrounds or other recreation facilities within the
Incorporated Village of Farmingdale. Such findings shall include an
evaluation of the present and anticipated future needs for park and
recreation facilities based on projected population growth to which
the particular subdivision will contribute.
D.
In the event the Board of Trustees makes a finding pursuant to § 600-244C
that the proposed subdivision presents a proper case for requiring
a park or parks suitably located for playgrounds or other recreation
purposes, but that a suitable park or parks of adequate size cannot
be properly located on such subdivision, the Board of Trustees may
require a sum of money in lieu thereof. In making a determination
of suitability, the Board of Trustees shall assess the size and suitability
of land shown on the subdivision that could be possible locations
for park or recreational facilities, as well as practical factors,
including whether there is a need for additional facilities in the
immediate neighborhood or a need for improvements to or the acquisition
of parks, playgrounds or other recreational purposes that may be used
by the population of the particular subdivision. Any fee required
by the Board of Trustees in lieu of land for park, playground or other
recreation purposes or facilities pursuant to this section shall be
deposited into a trust fund to be used exclusively for park, playground
and other recreational purposes, including the acquisition of property.
[Amended 8-5-2019 by L.L.
No. 3-2019]
The Board of Trustees or the Planning Board shall have the authority
to call upon any department, agency or employee of the Village or
to seek consultation or professional assistance (including but not
limited to engineering, architectural and legal). All applicants under
this article shall be required to pay the cost associated with such
consultants or professionals. No subdivision approval or building
permit shall be issued pursuant to the provisions of this article
until the applicant reimburses the Incorporated Village of Farmingdale
for all such expenses. At the time of application, and throughout
the review process, the Superintendent of Buildings may require an
applicant to deposit with the Village Clerk such amounts to cover
such fees and expenses, which amount shall be set from time to time
by resolution of the Board of Trustees. The requirement for reimbursement
of expenses may be waived by the Board of Trustees upon a showing
of good cause.
